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(영문) 인천지방법원 2016.04.01 2015고정2374

여신전문금융업법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any person who is not a credit card merchant shall be prohibited from making a transaction by credit cards, etc. in the name of a credit card merchant, and no credit card merchant shall lend its name to another person, and no person shall transfer or take over an access medium.

1. Around September 27, 2012, the Defendant violated the Act on Specialized Credit Financial Business: (a) lent the “B” ran tavern’s business registration certificate and an application for the establishment of a credit card merchant registered in the name of the Defendant at the regional tax office located in the regional tax office located in Gangnam-gu Seoul, Gangnam-gu, Seoul; and (b) allowed C to make a transaction by credit card,

2. On September 2012, the Defendant violated the Electronic Financial Transactions Act (hereinafter referred to as the “Electronic Financial Transactions Act”) set up a bank account in the name of the Defendant established at the National Bank located in the self-supporting Dong, Gwangjin-gu, Seoul, and a physical card connected to the account.

In addition, the Defendant transferred the physical card connected to three accounts and accounts from around October 2012 to around October 2012, as indicated in the list of crimes in attached Form 2, and transferred the access media with accommodation in return for the transfer.

Summary of Evidence

1. A protocol concerning the interrogation of each police officer against the defendant or C;

1. Application of investigation report (certification, etc. of registration of a business operator under A)-related Acts and subordinate statutes;

1. Article 70(3)6 of the relevant Act and Article 19(4)4 of the former Financial Business Act (amended by Act No. 13068, Jan. 20, 2015) specializing in credit finance business (amended by Act No. 13068, Jan. 20, 2015); Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 1306, Apr. 1, 2015; transfer of access media); and selection of each fine

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

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. The order of provisional payment;