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Defendant
A shall be punished by a fine of KRW 15,000,000, and by a fine of KRW 5,000,000.
Defendant
A above.
Reasons
Punishment of the crime
Defendant
A is a person who operated “E”, which is a daily miscellaneous store in Sacheon-si D, and Defendant B is a company that runs a hot spring business, etc. with the trade name of “B” in Sacheon-si, which is a company that Defendant A served as its representative.
1. Defendant A
(a) A credit card merchant shall be prohibited from lending the name of a credit card merchant to another person;
Nevertheless, around November 12, 2012, the Defendant lent one credit card terminal ( model 7100) that was contracted with a credit card merchant under the name of “E” to Defendant B Co., Ltd., and had Defendant B Co., Ltd pay 65,000 won using the said device with the credit card presented by the non-act customer, etc. from around that time to June 13, 2013, the Defendant leased the name of the credit card merchant by allowing Defendant B Co., Ltd. to trade with the credit card in total amount of KRW 312,16,709, total sum from around 12,721 to June 13, 2013.
B. From November 12, 2012 to June 13, 2013, the Defendant traded a sum of KRW 312,16,709,00 by credit card transaction using the above device from around 12,721 to around 13, 2013, by settling the amount of hot spring utilization by using a device in the name of the “E”, while settling the amount of hot spring utilization from an unclaimed customer who found the above “B” around November 12, 2012, the Defendant traded a sum of KRW 312,16,70 by using the device in the name of another credit card merchant.
2. The Defendant Company A, the representative director of the Defendant, committed a violation of the above Paragraph 1-B in relation to the Defendant’s business at the time and place specified in Paragraph 1-B.
Summary of Evidence
1. Defendants’ legal statement
1. A written accusation;
1. Application of Acts and subordinate statutes, such as the total amount of discount;
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant A: This is different from Article 70(2)3 of the Specialized Credit Finance Business Act and Article 19(4)3.