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Defendant shall be punished by a fine of KRW 2,000,000.
Where the above fine is not paid, 100,000 won shall be one day.
Reasons
Punishment of the crime
The defendant is a person who sells functional cosmetics, etc.
No one shall make a transaction by credit cards, or have another person do so by means of making a transaction by credit cards, in excess of the actual sales amount or the actual sales amount, or mediate or arrange such transaction by proxy.
Nevertheless, around October 2016, the Defendant received two IDs and passwords in the name of the Defendant and his/her father, who can use the settlement platform by getting off the credit card settlement platform set up in the “YS PS PS PP” on his/her mobile phone.
The Defendant used the settlement platform that was received from the Co., Ltd. Pursuant to the foregoing, on December 29, 2016, the Defendant paid the amount of 5.5% of the settlement amount with the Samsung Card in the name of Samsung in the name of C, as if he sold the food with the credit card in the name of C in the name of around 29, 2016, and paid to C with the amount that was deducted by 5.5% of the settlement amount after making a payment from the PSS, and the credit card settlement statement in the name of Defendant and B, as shown in the attached Form No. 23 times before and after the payment, and received the amount that was deducted from the fee.
Accordingly, the defendant committed an act of financing funds by pretending the sale of goods or provision of services.
Summary of Evidence
1. Statement by the defendant in court;
1. The application of Acts and subordinate statutes to the investigation report (overtime 4);
1. Relevant Article 70 of the Act and Article 70 (3) 2 (a) of the Act and the selection of fines for each credit-based financial business specializing in the selection of applicable laws and punishment on criminal facts;
2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;
3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.
4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.