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(영문) 서울동부지방법원 2016.04.28 2016고정149

여신전문금융업법위반

Text

Defendants shall be punished by a fine of five million won.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

1. Defendant A is a person engaged in the delivery business of milk at “D agency” located in Songpa-gu Seoul Metropolitan Government.

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

Nevertheless, the Defendant, around January 6, 2015, lent the name of credit card member stores to Defendant B by keeping a credit card settlement terminal in the name of the said “D agency” in the “F Singing Practice Center” located on the first underground floor of Seocho-gu Seoul Metropolitan Government Seocho-gu, Seoul, for the same year.

1. 7. 02:50 Around 02:0, the instant singing practice place had 80,000 won settled with a name-free customer’s scke card.

In addition, from around that time to September 20, 2015, the Defendant lent the name of credit card member stores to another person 194 times in total as shown in the attached Table 1 list of crimes, and had another person settle the total amount of KRW 25,915,00.

2. Defendant B is a person who operates a singing practice hall with the trade name “Fing practice hall” on the first basement of Seocho-gu Seoul Metropolitan Government E.

No credit card merchant shall conduct a transaction by credit cards in the name of another credit card merchant.

Nevertheless, at around 02:50 on January 7, 2015, the Defendant paid 80,000 won under the name of “D agency,” which is another credit card merchant, even though the Defendant issued a non-member card to pay for the use of a singing practice room in an amount equivalent to 80,000 won.

From around that time to September 20, 2015, the Defendant, as well as the Defendant, settled the total of KRW 25,915,000 in the name of other credit card member stores over 194 times as shown in the attached Table 2.

Summary of Evidence

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. A written accusation;

1. A certificate of representative;

1. Information on suspicion of disguised franchisees of credit cards;

1. To refer to each case of sales details of persons subject to on-site verification;

1. The current status of the establishment of session of credit card member stores;