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Defendant
A shall be punished by a fine of KRW 7 million, and a fine of KRW 3 million for Defendant B.
Defendant
A above.
Reasons
Punishment of the crime
Defendant
A is a person who has registered the business of Defendant B and opened a general credit card merchant for the purpose of service business in Mapo-gu Seoul Metropolitan Government.
No credit card merchant shall conduct transactions by credit cards as an agent.
1. Nevertheless, on October 16, 2018, the Defendant entered into a credit card settlement service contract with the head of the above office on behalf of the Defendant with the credit card terminal in the name of the Defendant Company D and 4% of the sales amount including value-added tax (excluding value-added tax) as a commission at the above office, and pursuant to such contract, the Defendant lent the credit card terminal in the name of D, Inc. to D, Inc. from October 24, 2018 to December 21, 2018, to make the payment of goods at D, thereby lending the credit card terminal in the name of D, Co., Ltd., Ltd., and making the payment of goods at D, the Defendant made a credit card transaction by proxy under the name of B so that the credit card offered by customers would incur a total of KRW 140,275,000 by settling the goods with the above terminal.
2. A, the representative of Defendant B’s Defendant, committed a violation of the Specialized Credit Financial Business Act as set forth in paragraph (1) above with respect to Defendant’s business.
Summary of Evidence
1. Defendant A’s legal statement
1. Application of Acts and subordinate statutes to electronic tax invoices, system supply and sales consignment operation contracts, and settlement documents;
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Defendant A: Articles 70(3)4 and 19(5)5 of the Specialized Credit Finance Business Act; selection of fines
(b) Defendant B: Article 71 of the Specialized Credit Finance Business Act, Articles 70 (3) 4 and 19 (5) 5 of the Specialized Credit Finance Business Act
1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;
1. Defendants of the provisional payment order: The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act is a crime that may impair the credibility and safety of transaction, provided that Defendant A.