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Defendant shall be punished by a fine of KRW 10 million.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
No person shall lend the name of a credit card merchant to any third person.
Around September 2016, the Defendant: (a) received a proposal from B, known to the general public, that “If a business operator gets off a device after having filed an application for a credit card merchant in his/her name, he/she will take 18% of the sales of the relevant card; (b) made three business operators, such as “C”, “stock company D”, and “E” in the name of the Defendant; and (c) put the business registration certificate, passbook, check card, and seal of the said business operator to B.
After that time, F applied for credit card member stores in the name of the above operator using the business registration certificate, etc. of the above operator who received the credit card merchant from B, and the credit card merchant was given a credit card device to the name in China.
Accordingly, the defendant lent the credit card merchant name to another person.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness F and B;
1. An interrogation protocol of F by prosecution;
1. The suspect interrogation protocol of the police as to B;
1. Each investigation report (the attachment of judgment on this case, confirmation of the details of approval on corporateG credit cards, recording of the application form for membership of HH Research Institutes, C, and D G card member shops);
1. According to the aforementioned evidence, including the application for membership of the HHA, even if the Defendant did not directly file an application for a credit card merchant.
Even if the Defendant, through B, filed an application for a credit card merchant with B or a third party using the business registration certificate, etc. of a business operator, which was made by the Defendant under the name of the Defendant, and subsequently acquired a certain portion of the credit card sales generated through the credit card terminal of the credit card store, the Defendant issued a business registration certificate, etc. necessary for the application for a credit card merchant to B, and in fact, received a part of the card sales generated as above from B on a regular basis. According to the above facts of recognition, the Defendant at least