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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No one shall make a transaction by credit cards or have another person do so on his/her behalf by pretending the sale of goods or provision of services, etc. or in excess of the actual sales amount.
1. On September 12, 2013, around 15:25, the Defendant prepared a false sales slips as if D purchased forest products equivalent to KRW 1.70,00,00, by means of credit cards (credit cards E) presented by D without selling goods or providing services, and provided D with funds of KRW 1,530,000 after deducting fees from KRW 1.70,00,000.
2. On September 30, 2013, the Defendant: (a) around 15:28, the Defendant prepared a false sales slips by pretending that G purchased any forest product equivalent to KRW 1.5 million with a credit card (credit card H) presented by G without selling goods or providing services; and (b) granted a loan of KRW 1,425,00,00 after deducting KRW 5% commission from G.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Each police officer's statement about D and G;
1. Each written petition, each notification of information on each card-based suspect, each recording record, and each sales slip;
1. Application of Acts and subordinate statutes to a report on investigation (Attachment to details of bank transactions);
1. Article 70 (2) 2 (a) of the Specialized Credit Finance Business Act and the choice of punishment concerning facts constituting an offense;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under Article 62(1) of the Criminal Act, despite the fact that the defendant had been punished for the same kind of crime even ten years prior to the suspension of execution, was re-written by opening a so-called card-called tin, which is a crime that damages the sound order of financial transactions. However, the defendant is not guilty in that it is a crime that damages a sound financial transaction order.