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(영문) 전주지방법원 2020.06.10 2019고정338
여신전문금융업법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From March 9, 2015 to April 22, 2019, the Defendant is a person who concurrently runs a C place of business and a D place of business, which are different credit card merchants, in B of the Seoul Metropolitan City from March 9, 2015.

No credit card merchant shall make a transaction by credit cards in the name of another credit card merchant.

Nevertheless, the Defendant issued sales slips with the credit card terminal of the D business place where the sales of fixed meat supplied with C along with the food services of C is exempt from value-added tax, as shown in the attached list of crimes, from January 1, 2018 to April 21, 2019, the total amount of KRW 4,509 to April 21, 2019.

Accordingly, the Defendant traded by credit card using the name of other credit card merchants D business place while operating C business place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on filing an accusation, written answers, and details of sales of D credit cards;

1. Article 70 (3) 3 of the Specialized Credit Finance Business Act and Article 19 (5) 3 of the Specialized Credit Finance Business Act and the selection of fines concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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