2016 Highest 4056 Violation of Specialized Credit Finance Business Act

A person shall be appointed.

○○ (Lawsuits) and ○○ (Public Trial)

November 23, 2016

A defendant shall be punished by imprisonment for not more than four months.

except that the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Criminal history room (criminal history)

On January 28, 2016, the Defendant was sentenced to six months of imprisonment and two years of suspended execution for fraud at the Seoul Northern District Court on February 5, 2016, and the judgment was finalized on February 5, 2016. On May 13, 2016, the Defendant was sentenced to six months of imprisonment and two years of suspended execution on May 21, 2016 by the same court.

[Criminal facts] A person who is not a credit card merchant may not make a transaction by credit cards, etc. in the name of a credit card merchant.

Nevertheless, on March 5, 2015: around 45, the Defendant operated a restaurant with the trade name “OOOOOO” in Seoul ○○-dong ○○○○-dong - ○○○○○○”, and even if it is not a credit card merchant because it is not a credit card merchant because it is not possible to be registered as a credit card merchant due to bad credit holder, the Defendant sold alcoholic beverages equivalent to 26,000 won to his name, and thereafter paid the above amount in the name of “○○○○○○○○, a credit card merchant registered in the name of the Defendant B, and then on May 14, 2015: from around 39:39 times in the name of the credit card merchant by settling a sum of 35,684,00 won in total over 910 as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police on ○○○;

1. Inquiries into the list of payment statements of credit cards, etc.;

1. Previous records of judgment: Criminal records, etc. and investigation reports (Attachment to criminal suspect's OO decisions);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 70(3)6 and 20(2) of the former Specialized Credit Finance Business Act (Act No. 13068), Articles 70(3)6 and 20(2)

1. Handling concurrent crimes;

The latter part of Article 37 and Article 39(1) of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

Judges Kim Jong-ok