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Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The Defendant is a person who, from June 20, from around June 20, 2009, operates a general restaurant with the trade name of “C” in the name of “C” on the part of “B 1st floor of Busanjin-gu, Busan, and from June 18, 2009 to the second floor of the above building.”
No credit card merchant (a person who sells goods or provides services to credit card holders, debit card holders, or pre-paid card holders through transactions by credit card, debit card, or pre-paid card in accordance with a contract with a credit card company) shall conduct transactions by credit card in the name of another credit card merchant.
Nevertheless, at around November 23, 2013, the Defendant, a credit card merchant, traded 23,00 won, including food, etc. sold to customers without his/her name, using the name of the above customer’s credit card merchant in the name of the above customer, and traded by credit card instead of D, using the name of the above credit card merchant affiliated with C, and as indicated in attached Table 1, 2, as shown in attached Table 1, 2, from November 1, 2013 to June 30, 2014, the Defendant, a credit card merchant, traded 128,79,000 won in total over 2,268 occasions, using the name of the above C member store.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the accusation and answer documents;
1. Relevant Acts concerning facts constituting an offense and Articles 70 (2) 3 and 19 (4) 3 of the Specialized Credit Finance Business Act (Selection of Fine) of the same Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;