A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

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, between July 1, 2014 and December 31, 2015, the Defendant operated “C” restaurant, which is not a credit card merchant, in Daegu-gu Dong-gu, as between July 1, 2014 and December 31, 2015, the Defendant traded customers in total amounting to KRW 204,041,00 by settling accounts in the name of “D”, a credit card merchant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Making each entry of the details of sales of credit cards and on-site verification reports of credit card merchants;

1. Application of statutes on images of on-site photographs;

1. Article 70 (3) 6 and Article 20 (2) of the Act on Business of Financial Services Specializing in the Development of Relevant Acts and the Development of Finance Business Specialized in Credit for Punishment of Criminal Crimes ( comprehensively, the selection of imprisonment with prison labor);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution ( considered as favorable sentencing conditions among the reasons for sentencing) lies in a credit card transaction using the name of a credit card member store even though the defendant is not a credit card member store over a long-term period, and the aggregate amount is at least 200 million won, but the defendant seems to have paid the value added tax imposed in relation to the instant case, and the defendant does not have been punished for the same crime, and there is no penalty heavier than the fine, etc., the sentencing conditions favorable to the defendant, as well as all other sentencing conditions favorable to the defendant, such as the defendant's age, sex behavior, and circumstances after the crime, etc., shall be determined as ordered.