여신전문금융업법위반
Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Punishment of the crime
No one shall make a transaction by credit cards or make another person do so by means of an act of pretending the sale of goods or provision of services, etc. or in excess of the actual sales amount.
The Defendant is a person who operates a foreign language private teaching institute under the trade name of "Dental Institute" in 301 in Gwangju Metropolitan City.
The Defendant borrowed a credit card from the Defendant’s wife E with the Defendant’s wife due to the lack of operating expenses due to the business depression of the above private teaching institute, and the Defendant failed to repay the borrowed money for the purpose of investment in facilities, etc., and the fact was, although the Defendant did not have any actual transaction, paid tuition fees with Samsung Credit Card issued by the above E with the fact that the said E took lessons at the above private teaching institute, and was willing to receive the credit card from the account in the name of the above private teaching institute
On January 28, 2013, the Defendant settled 1,90,000 won with Samsung Credit Card under the name of Samsung Credit Card Co., Ltd. in the name of Samsung Credit Card Co., Ltd. and used 1,858,390 won after deducting fees from Samsung Credit Card Co., Ltd. for the operation of the said private teaching institute.
From that time to November 5, 2014, the Defendant settled a total of KRW 105,00,000 through 59 times, as shown in the attached Table (1) and (2), and received payment of KRW 102,631,950, and provided financing by pretending to provide services by credit card transaction.
Summary of Evidence
1. Defendant's legal statement;
1. Details of loans by each credit card holder, the details of loans in 2014, a written accusation of each credit card slips, and the application of Acts and subordinate statutes governing confirmations;
1. Relevant Article of facts constituting an offense and Article 70 (2) 2 (a) of the former Specialized Credit Finance Business Act (Amended by Act No. 13068, Jan. 20, 2015) (Selection of Punishment of Fines)
1. The former part of Article 37 of the Criminal Code among concurrent crimes.