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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a representative of C established in Sungnam-gu, Sungnam-si B for the purpose of job placement and education outside a motor vehicle.
No one shall make a transaction by credit cards, or have another person make such transaction by proxy in excess of the actual sales amount or the actual sales amount of goods and services, etc., or arrange or arrange such transaction by proxy.
From February 23, 2017 to December 26, 2017, the Defendant: (a) pretended to have a transaction between the Defendant’s family members or his branch members for the purpose of lending funds, such as D, a stock company operated by the Defendant, and had the Defendant settle the total amount of KRW 860,605,921 on 122 occasions with a credit card in his/her name, such as the list of crimes in the attached Table; and (b) provided a financing by means of a credit card transaction under the precluding the sale of goods or the provision of services.
Summary of Evidence
1. Application of the defendant's statutory statement, credit card settlement approval (12 pages of investigation records), details of credit card sales (4-1 of reference materials for separate books), details of account transactions (4-2 of reference materials for separate books) to Acts and subordinate statutes;
1. Relevant legal provisions concerning facts constituting an offense and Article 70 (3) 2 (a) of the Specialized Credit Finance Business Act (generally, and choice of imprisonment);
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was as stated in its reasoning, the Defendant financed a loan using credit card sales by settling a sum of approximately KRW 860 million to C operated by the Defendant with a credit card in the name of his/her family, branch, etc., without any transaction of goods or services, over 122 times every ten months.
This is mainly considered in light of the circumstances, but it shows the attitude of recognizing and opposing the defendant's wrong, and there is evidence that the defendant obtained other economic benefits than financing through the crime of this case.