A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant is a person who opens a credit card merchant in the same trade name while operating the “D” as a wholesale store for agricultural and fishery products in the building of the 3th floor in the Jeonju-si Seoul Metropolitan City.

When a person makes a transaction by credit cards or has another person do so by proxy, he/she shall not make a financing by pretending the sale of goods or provision of services, etc., or by making a credit card transaction in excess of the actual sales amount.

Nevertheless, on December 28, 2015, the Defendant made a false purchase of the goods on the second floor of the Dongdaemun-gu E building in Seoul Special Metropolitan City by obtaining a credit card from his name and by using the credit card settlement terminal of the “D”, and issued KRW 650,000 after subtracting approximately 8% of the above amount from the above amount from the commission of 60,000 won, as indicated in the list of crimes in the attached Table from October 4, 2016. In addition, the Defendant provided a financing by means of a credit card transaction that leads to a financing of funds by making a total of KRW 151,38,000, total sales through 220 times until October 4, 2016, as shown in the list of crimes in the attached Table, after preparing a false list of total sales of KRW 151,38,00,000 from the above amount after deducting approximately 8% of the commission.

Summary of Evidence

1. Statement by the defendant in court;

1. Instructions of an enterprise suspected of opening a card;

1. Statement of deposit transactions;

1. Each investigation report (to attach photographs on a card size and details of sales, and to submit a re-preparation of a crime chart);

1. Application of each statute on photographs;

1. Relevant Article and Article 70 (3) 2 (a) of the Act on the Financial Business Specializing in Credit Extension of Punishment for Facts constituting an offense;

1. Article 70(2)3 of the former Act on Specialized Credit Financial Business provides that “a person who prepares a credit card sales slip and provides funds in excess of the actual sales amount or pretends to sell goods or provide services.” In light of its constituent requirements and legal interests, the offense of violation of the above provision is one of the acts of financing by using credit cards.