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(영문) 수원지방법원 2020.01.17 2019고단5828

여신전문금융업법위반등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. No credit card merchant which violates the Specialized Credit Financial Business Act shall lend the name of credit card merchant to another person;

On January 2017, the Defendant opened an entertainment drinking house in the name of “C” in the Yeongdeungpo-gu, Suwon-si, and concluded a credit card merchant agreement with the said entertainment drinking house as a credit card merchant. From June 2017 to November 17, 2017, the Defendant lent a credit card terminal to an unqualified person for a total of KRW 1,680 times in the name of the said entertainment drinking house and made a credit card transaction of KRW 1,673,140,000 in the name of the said entertainment drinking house.

2. No means of access used to issue a transaction request in electronic financial transactions in violation of the Electronic Financial Transactions Act or to secure the authenticity and accuracy of users and the details of such transaction shall be transferred, except as otherwise provided for in any other Act;

Around June 2017, the Defendant transferred a passbook, physical card, and password connected to the DFF bank account (G) in the name of the Defendant to a person in violation of his/her name at a entertainment drinking club located in Suwon-si, Suwon-si, Suwon-si, and transferred a passbook, physical card, and password connected to the FF bank account (G) in the name of the Defendant at the same place around August 2017.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes to investigative reports (report on results of suspect financial transaction information);

1. Relevant Article 70 (4) 6 and Article 19 (5) 4 of the Specialized Credit Finance Business Act concerning facts constituting an offense, the selection of a sentence, and the selection of imprisonment with prison labor under Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant opened a credit card merchant in his name and lent the means of access to financial transaction account in his name. Such a crime is a different crime.