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Reasons
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(영문) 광주지방법원 순천지원 2018.08.06 2018고단909
여신전문금융업법위반
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Defendants shall be punished by a fine of KRW 10,000,000.

The Defendants did not pay the above fine.

Reasons

Punishment of the crime

The Defendants are married with their husband and wife, and Defendant A is a person operating “D”, a credit card merchant from around 200 to around 200, and Defendant B is a person operating “E”, a credit card merchant from around 199 to the same place.

1. No defendant A credit card merchant shall conduct a transaction by credit cards in the name of another credit card merchant;

Nevertheless, the Defendant, when paying the food of customers in the foregoing “D”, was aware that the Defendant, using the credit card merchant name of “E”, who is a duty-free business entity, would be able to pay less tax, such as value-added tax, by using the name of “E”.

On January 4, 2014, the Defendant settled KRW 104,000,00,000, by means of the card terminal of the above “E” in the above D around January 21, 2014.

In addition, from that time until October 17, 2017, the Defendant settled a total of KRW 528,300,000 on 2,617 occasions in the same manner as indicated in the list of crimes in the attached Table, thereby making a credit card transaction using the name of another credit card merchant.

2. No defendant B credit card merchant shall lend his/her name to another person;

Nevertheless, the Defendant, from January 4, 2014 to October 17, 2017, lent “E” under the name of a credit card member store to A, who is the husband, and had him settle KRW 528,30,000 in total over 2,617.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written accusation of the head of a female tax office;

1. Application of Acts and subordinate statutes to the details of trade amount in error;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 70(3)3 and Article 19(5)3 of the Act on Financial Business Specializing in Credit, the selection of a fine, and the selection of a fine;

B. Defendant B: Articles 70(4)6 and 19(5)4 of the Act on Financial Business Specializing in Credit, and selection of fines

1. Article 70(1) and (2) of the Criminal Act, respectively, shall be confined in the workhouse.

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