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(영문) 서울중앙지방법원 2017.06.29 2017고단2527

여신전문금융업법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from March 12, 2012 to October 31, 2012, is a person who operated an entertainment center in the trade name of “C” on the first floor of Gangnam-gu Seoul Metropolitan Government B from around March 12, 2012 to October 31, 2012.

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

Nevertheless, around March 2012, the Defendant issued one wireless credit card terminal in the name of “C” to an influent person in the name of “D head” at the store in Gangnam-gu Seoul (hereinafter referred to as “Seoul”) and issued a credit card sales slips in total of KRW 291,903,200 over 674 times from around that time to October 15, 2012.

Accordingly, the defendant lent the name of the credit card merchant to another person.

Summary of Evidence

1. Statement by the defendant in court;

1. Certification of the fact of transactions by the F;

1. Investigation report (review and report on the frequency, total amount, etc. of transactions);

1. Application of Acts and subordinate statutes to inquire about the aggregate amount of daily sales day, in writing of a review report requested by an offender to investigate the offender, an application for registration of a business operator, a certificate of business report, a lease contract, a copy of a passbook of a suspect, a false franchisor's examination report, credit card slips, monthly aggregate amount, and daily aggregate amount

1. Article 70 (4) 6 and Article 19 (5) 4 of the Act on Special Cases concerning relevant criminal facts and the financial business specializing in granting selective credits and punishment (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act suspended execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., the fact that the defendant confessions the crime of this case and repents the mistake, that the defendant has no actual profits acquired due to the crime of this case, and that