A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

[criminal power] On January 28, 2016, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution at the Seoul Northern District Court on February 5, 2016, and the judgment became final and conclusive on February 5, 2016. On May 13, 2016, the same court was sentenced to six months of imprisonment for a violation of the Specialized Credit Financial Business Act and two years of suspended execution and became final and conclusive on May 21, 2016.

【Criminal Facts】

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

Nevertheless, on March 5, 2015, the Defendant operated a restaurant with the trade name “C” in the railroad site located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, on March 5, 2015, the Defendant sold alcoholic beverages equivalent to 26,000 won to credit card merchants who are not credit card merchants, and then traded by credit card holders, etc. in the name of the non-member customers, even though it is impossible to register as credit card merchants because credit card merchants cannot be registered as credit card merchants, and thereafter, paid the above amount under the name of “E” which is the credit card merchant registered in the Defendant’s AD name from that time until May 14:39, 2015, as indicated in the attached list of crimes, from that time until May 22, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Inquiries into the list of payment statements of credit cards, etc.;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes on criminal investigation reports (Attachment to cases A by a suspect);

1. Relevant Article of facts constituting an offense, Articles 70 (3) 6 and 20 (2) of the former Specialized Credit Finance Business Act (Law No. 13068), the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;