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(영문) 대전지방법원 2020.08.13 2020고정579

여신전문금융업법위반

Text

Defendant shall be punished by a fine not exceeding one million won.

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

Reasons

Punishment of the crime

On August 20, 2019, at around 07:18, the Defendant: (a) presented a credit card; (b) provided that D shall pay KRW 80,000,000 for accommodation expenses exceeding KRW 20,000 per day; and (c) requested D to “one-time card-holder” to return KRW 20,000,000, which is the difference, in cash; (d) provided that D shall return KRW 20,000 in cash from that date to 07:49 on the same day; and (e) returned KRW 10,000,000 in total twice from that date.

Accordingly, the Defendant provided funds by means of credit card transaction by pretending to provide services or in excess of the actual sales amount.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of statutes on the use of credit cards;

1. Article 70 (3) 2 of the Specialized Credit Finance Business Act and Article 70 (3) of the Specialized Credit Finance Business Act concerning facts constituting an offense; and

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse;

1. It is so decided as per Disposition on the grounds of Article 62 (1) of the Criminal Act or more;