Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
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.
Reasons
Punishment of the crime
No credit card merchant shall conduct a transaction by credit cards in the name of another credit card merchant.
Nevertheless, from April 5, 2010 to November 24, 2016, the Defendant had a credit card transaction in the amount of KRW 2,821,885,00,00 in total by means of making payment from the credit card terminal opened in the name of non-member customers who provided meals in the above D general restaurant under E in the name of the Defendant’s wife, at the general restaurant of “D” registered in the name of the Defendant in the Cheongju-si Office, which was registered in the name of the Defendant in the Cheongju-si Office, in lieu of the name of the Defendant’s wife, as indicated in the attached list of crimes.
Accordingly, the Defendant traded by credit card in the name of another credit card merchant.
Summary of Evidence
1. Statement by the defendant in court;
1. A written accusation, a supplementary protocol, or a false franchise examination report;
1. Application of Acts and subordinate statutes concerning sales slips, field photographs, and specifications of payments by credit cards;
1. Article 70 (3) 3 and Article 19 (5) 3 of the Act on Business of Financial Services Specializing in the relevant law concerning criminal facts and the selective extension of a sentence, and imprisonment with labor;
1. Article 62 (1) of the Criminal Act on the suspended execution (whether the defendant separately operates wholesale and retail business exempted from the value-added tax is basically included in the freedom of business and is against the law, etc.);