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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall make a loan by means of making a transaction by credit cards, or making another person do so on his/her behalf, in excess of the actual amount of sales of goods or provision of services, or by acting as an intermediary or intermediary.
On July 2013, at the office of “book PublicationC” operated by the Defendant in Gwanak-gu in Seoul Special Metropolitan City, the Defendant requested funding from D, who visited the customer, and the fact that the Defendant did not sell books equivalent to KRW 900,000,000, to D, despite that it did not sell books equivalent to KRW 900,000,00,000, which is the amount equivalent to the price of the goods by means of credit card (E) possessed by D, as if having traded the goods, and then paid to D in cash the amount calculated by deducting 3% of the above settlement amount (873,000,000).
In addition, from January 2013 to September 2013, 2013, the Defendant provided loans to the relevant clients in cash by pretending that the amount equivalent to KRW 2,057,462,00 in total was settled by a credit card in the name of “book PublicationC” and “F Books Publication” operated by the Defendant, as indicated in the attached list of crimes committed in the name of the clients from January 2013 to September 2013, after deducting 2.5 to 10% per each settlement amount.
Accordingly, the Defendant provided financing through the act of trading goods with credit cards, which is most likely to sell goods.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Written accusation of the director of the tax office; and
1. Application of Acts and subordinate statutes to the sales monthly cumulative amounts, written confirmation of each transaction, and details of monthly sales;
1. Article 70 (2) 2 (a) of the Specialized Credit Finance Business Act and the choice of imprisonment with prison labor concerning facts constituting an offense;
1. Article 62 (1) of the Criminal Act (the following grounds for sentencing)
1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc.