A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal records] On June 30, 2016, the Defendant was sentenced to a suspended sentence of two years on July 8, 2016, with a prison term of six months for the crime of injury in the support for the development of the Suwon method, and the judgment became final and conclusive on July 8, 2016. On May 18, 2018, the Defendant was sentenced to six months of imprisonment for a crime of fraud in the same court, and the judgment became final and conclusive on October 12, 2018.

[Criminal facts] The Defendant is a person who operated an entertainment center in the name of “D” in the Gu of Ansan-si in Gyeonggi-do.

No person other than a credit card merchant shall make a transaction by credit cards, etc. in the name of a credit card merchant.

Nevertheless, the Defendant, due to bad credit standing, was unable to enter into a credit card franchise agreement on the above entertainment points. On January 3, 2014, the Defendant: (a) had E open a general restaurant in the name of “G” in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon Metropolitan City; (b) had E enter into a business operator registration and a credit card franchise agreement; and (c) received the credit card device identification number, etc. in the name of “G” connected to the Defendant’s bank account from E around January 10, 2014.

On January 14, 2014, the Defendant sold alcoholic beverages and liquors to his name-free customers, and traded 280,000 won in the name of “G”, a credit card merchant, by credit card, with a credit card transaction. From that time, on April 16, 2014, the Defendant traded credit card transactions worth 276,776,10 won at all over 681 times as shown in the daily list of crimes in the attached Table of crimes.

Accordingly, the defendant was not a credit card merchant but a credit card merchant in the name of the credit card merchant.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Business registration certificate and details of approval for cards;

1. Inquiry about criminal history and application of the text of the judgment;

1. Articles 70(2)6 and 20 of the former Act on Specialized Credit Financial Business (amended by Act No. 13068, Jan. 20, 2015) on criminal facts.