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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. The appellant who made a decision on the appeal of a defendant shall submit the appellate brief to the appellate court within 20 days from the date on which he/she received the notification of the receipt of the trial records (Article 361-3(1) of the Criminal Procedure Act), and if the appellate brief is not submitted within the said period,
(1) According to the records, the above defendant did not submit the appellate brief within 20 days (20 days from the date on which the above service was received) from the court on March 6, 2015, despite being served with the notification of the receipt of the notification of the receipt of the trial records, and the petition of appeal does not contain any grounds for appeal, and even according to the records of the instant case, the grounds for ex officio examination cannot be found.
Therefore, this court should decide to dismiss the defendant's appeal in accordance with Article 361-4 (1) of the Criminal Procedure Act. However, as long as the court decides on the prosecutor's appeal, the dismissal of appeal shall not be separately decided and the judgment shall be rendered together.
2. Judgment on the prosecutor's appeal
A. The summary of the grounds for appeal (five million won of a fine) declared by the court below is too unhued and unreasonable.
B. The crime of this case is a credit card transaction for food prices using the credit card terminal of the credit card merchant (tent rental business) permitted under the Defendant’s wife while operating general restaurants without the permission of the competent authorities.
This act is not only to eliminate the legislative intent of the Specialized Credit Financial Business Act for the purpose of promoting the financial convenience of the people and contributing to the development of the national economy by supporting the sound and creative development of credit card companies, but also to bring about the effects of tax evasion through improper transaction methods.
Furthermore, the period in which the defendant engaged in credit card transactions as above is about six months, and the amount of the transaction is over six months.