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The summary of this judgment shall be published by the defendant.
Reasons
1. On October 26, 2016, the summary of the facts charged, the Defendant conspired with his name in collusion, and registered as a restaurant operator with the trade name “B” and the place of business of Gangnam-gu Seoul, Gangnam-gu, Seoul, and the address of the place of business “B” at the Gangnam-gu, Gangnam-gu, Seoul, and had a person whose name is not known, lent the name of the above restaurant-related franchise store in the name of the Seoul Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Sinsi-si, Sungnam-si, and Ansan-gu, to pay the said store by credit card at the entertainment place located in Gangnam-gu, Seoul.
Accordingly, the defendant lent the name of credit card merchant to another person.
2. Determination
A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Thus, if there is no evidence to establish such a degree of conviction, even if there is no doubt as to the defendant's guilt, it shall be determined with the benefit of the defendant.
B. According to the evidence duly adopted and examined by this court, it is recognized that the Defendant completed the registration of a business operator with the trade name on October 26, 2016 as “B,” the location of his/her place of business as “Seoul, Gangnam-gu Seoul, the first underground floor,” and that the Defendant entered into a credit card merchant agreement with D and E around October 28, 2016; the Defendant’s credit card merchant name was issued from November 18, 2016 to February 9, 2017, in the name of the Defendant’s credit card merchant; and that the credit card sales slip was issued at the entertainment station located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Sinsi, Sung-si, Sung-si, and Ansan-si.
However, the defendant was detained in other criminal cases on November 10, 2016, and the name of the credit card merchant of the defendant was detained in other areas than the location of the defendant's place of business after being detained.