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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
From September 7, 2008 to April 18, 2013, the Defendant registered as a used car brokerage business in the name of “E” under Article 201 of the Building in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, and opened and operated a general credit card merchant.
A credit card merchant shall not conduct credit card transactions by proxy without being registered with the Financial Services Commission as an agency for settlements.
The defendant agreed to pay credit cards by using a used car with a credit card terminal in the name of E in the E office and to receive fees.
Around January 7, 2012, the Defendant, without registering as a settlement agency business with the Financial Services Commission, sold used cars to G, by having G pay the automobile price using a credit card terminal and acting as an agent for credit card transaction by way of credit card from January 1, 2010 to April 8, 2013, on behalf of the Defendant, a transaction by credit cards worth KRW 118,624,000 in total from January 1, 201 to April 8, 2013.
In this respect, the defendant did not register the settlement agency, and instead performed the transaction by credit card.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes of civil petition documents;
1. Article 70 (2) 4 of the Specialized Credit Finance Business Act and Article 19 (4) 5 of the same Act comprehensively including relevant legal provisions on criminal facts;
1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that the defendant reflects on the stay of execution);
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;