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A defendant shall be punished by imprisonment with prison labor for not more than ten months and by a fine not exceeding 150 million won.
The defendant does not pay the above fine.
Reasons
Criminal facts
[criminal records] On July 14, 2014, the Defendant was sentenced to the suspension of the execution of 8 months by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act at the Busan District Court, and the judgment was finalized on September 29, 2014. On June 23, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on Financial Business Specializing in Credit, and a violation of the Punishment of Tax Evaders Act at the Busan District Court on August 31, 2016, and the judgment was finalized on August 31, 2016.
[2] The facts charged in the instant case are as follows: (a) the Defendant and B engaged in the so-called “pro-open-open-end”
However, in light of the contents of the business indicated in the indictment, the Defendant and B are deemed to have operated by the so-called “de-opener” method, which refers to the act of promptly discountinging the actual sold gold, rather than the “gold-opener”, and a credit card transaction without gold sales. Therefore, it shall be corrected.
In addition, according to the evidence adopted and examined by the court, it is recognized that the Defendant and B sold the card tin, etc. other than the Defendant and B. Thus, to the extent that the basic facts of the facts charged are the same to the extent that it does not pose a substantial disadvantage to the Defendant and B’s exercise of the defense right, the facts charged are partially modified and recognized ex officio without changing the indictment according to the facts obtained through the examination of evidence
On July 2013, the Defendant and the joint Defendant B (hereinafter “B”) established a shopping mall with the trade name of “F”, an Internet shopping site, such as C, D, and E, by taking advantage of the fact that a considerable number of persons who purchase the dudddity around July 2013, the Defendant and the joint Defendant B (hereinafter “B”) opened the shopping mall. At the same time, they run a retail business selling the dudity, etc., and at the same time have secured customer information to purchase the duddity via the Internet, and then send cash at the market price if they pay the purchase price by credit card.