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(영문) 인천지방법원 2017.05.17 2016고단7679
강제집행면탈등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No credit card merchant of the 2016 Highest 8459 shall conduct a transaction by credit cards in the name of another credit card merchant.

The Defendant is a person who operates the “D” main points of the building 141 in the Namdong-gu Incheon Metropolitan City.

Nevertheless, from July 2016 to August 17, 2016, the Defendant traded by using the name of “E” credit card member stores from the aforementioned D main points in the name of “E” and credit cards with customers entering the same.

Accordingly, the defendant did the act of trading by credit card using the name of another credit card merchant.

Summary of Evidence

1. Statement by the defendant in court;

1. Receipt for the current status of chain store information;

1. Investigation report (to hear statements by suspect telephone);

1. Application of statutes of one copy of business registration certificate;

1. Article 70 (3) 3 and Article 19 (5) 3 (generally, selection of fines) of the Act on Special Cases concerning relevant criminal facts and the finance business specializing in granting selective credits and punishment;

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

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

There is no record of criminal punishment other than punishment for a defendant who has been punished once by a fine.

The defendant's crime is highly likely to disrupt financial order, conceal profits, or evade tax, and there is a high need for punishment.

The acquittal portion

1. The summary of the facts charged is as follows: (a) the Defendant: (b) from October 1, 201 to October 1, 201, 201, at the request of the Defendant around April 25, 2012 while engaging in the same activity with the victim G, Nam-gu, Incheon; (c) the foregoing activity relationship was terminated; and (d) the agreement between the Defendant and the victim.

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