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(영문) 수원지방법원 안산지원 2017.09.13 2017고정822

여신전문금융업법위반등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. He/she shall be prohibited from lending the name of a chain store specializing in credit finance business to any third person;

Nevertheless, the Defendant, on June 8, 2015, lent the name of “C” credit card member stores, the representative of which was “C” under the 19th floor of the building B in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and violated the matters to be observed by credit card member stores.

2. No person who violates the Electronic Financial Transactions Act shall transfer or lend a passbook, cash card or a password necessary for using the electronic financial transaction card, or a user number, etc. registered with a financial institution or an electronic financial institution for consideration;

Nevertheless, on June 9, 2015, the Defendant transferred the electronic financial transaction access media by delivering the passbook (Account Number E), password, and debit card to a person who is not known of the name of the bank at the branch office located in Gangseo-gu Seoul, Gangseo-gu, Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the transaction application and supporting the closure of business;

1. Article 49 (4) 1, Article 6 (3) 1 (a point of transfer of access media), Article 70 (4) 6, and Article 19 (5) 4 (a point of lending the name of a chain store) of the Act on Special Cases concerning Credit-Related Financial Business, the selection of fines for each crime;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;