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(영문) 서울남부지방법원 2020.01.22 2019고단4937

여신전문금융업법위반등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On October 26, 2016, the Defendant sentenced the Suwon District Court to one year of imprisonment for a violation of the Specialized Credit Financial Business Act, etc., and completed the execution of the sentence in a female prison on May 23, 2017.

On July 2017, the Defendant accepted the credit card merchant’s name from C, which is a trading company for golf and container-use membership, to the effect that “a credit card merchant will be opened and lent to another person. After receiving a credit card payment under the name of the relevant merchant, 10% of the credit card settlement amount deposited shall be paid as commission.” After lending another person’s name, the Defendant borrowed the name of the credit card merchant registered in the name of the relevant corporation to C, and then released and delivered the credit card settlement amount deposited in the name of the relevant merchant, 10% of the said settlement amount to be acquired as commission.

1. No credit card merchant which violates the Specialized Credit Financial Business Act shall lend the name of a credit card merchant to any third party;

Nevertheless, on December 6, 2017, the Defendant established “D” as the representative director, and registered a credit card merchant in the name of the said company in the name of the said company after establishing “Seoul Gangseo-gu E and F” through a credit card payment terminal in the name of the said company, and provided the said C with information such as a password to open the credit card payment terminal in the name of the said company.

The Defendant, by the foregoing method, lent the name of credit card member stores to enable the said C to engage in credit card transactions in the name of the said company from September 13, 2017 to July 18, 2018 in the same manner as indicated in the attached Table of Crimes (1) by lending a total of 12 credit card member stores from around July 13, 2017 to July 18, 2018, thereby allowing C to settle sales of KRW 1,049,321,510 in total over 397 times.