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(영문) 인천지방법원 2018.07.18 2018고단2093

여신전문금융업법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who establishes a credit card franchise store in the name of Suwon-si D Building in Suwon-si, the first floor, and the Han-do retail chain.

No person shall lend the name of a credit card merchant to any third person.

Nevertheless, the Defendant invested in the “F (Representative: G)” located in the same place, and when the said “F”’s sales claims were seized by creditors and thus making it impossible to use sales generated in a wedding hall, the Defendant established the “E” around October 1, 2016, and made the Defendant prepare a credit card sales slip in the name of the said “E” credit card member store established by the Defendant around October 15, 2016, from around October 11, 2016 to October 29, 2017, in total, KRW 257,288,800 in total, as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Statement of accusation, statement of suspected criminal suspicion, and details of issuance of credit card sales slips;

1. Certification of the closure of business or the suspension of business of the F;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 70 (4) 6 and Article 19 (5) 4 of the Act on Business of Financial Services Specializing in Granting credits and imposing punishment on criminal facts, and selection of imprisonment;

1. The crime of this case for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution is not less than the nature of the crime due to the case where the defendant lent the name of a credit card merchant to another person. The crime of this case is not only detrimental to the sound credit transaction order by allowing the borrower of the name to carry out credit card transactions without entering into a credit card merchant agreement with the credit card company, but also ultimately requires strict punishment for the crime that encourages the borrower's tax evasion, and the credit card transaction amount was made during the period of lending the name of this case and unfairly.