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(영문) 수원지방법원 안양지원 2018.10.26 2018고단732

여신전문금융업법위반

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal record] On August 11, 2017, the Defendant was sentenced to imprisonment for three years and six years and a fine of 615 million won for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (such as issuance of false tax invoices) at the Seoul High Court, and the judgment became final and conclusive on October 26, 2017.

[Criminal facts] No person shall lend, arrange or arrange funds by pretending the sale of goods or provision of services.

Nevertheless, on March 2015, the Defendant provided one credit card terminals registered in the name of L/C and the Defendant’s credit card terminals to L/C in the name of L/C, thereby enabling C to make financing by pretending the sale of goods, and collected 1% of the settlement amount as commission.

On March 27, 2015, the above one-person C extended funds, including lending cash of KRW 1,600,000 after deducting 10% from commission fees, by means of a credit card, in disguise of the sale of goods by using the above credit card device, and issuing cash of KRW 1,440,000, in total 156 times as shown in the list of crimes in the separate sheet of crimes, after settling 291,592,100 for credit card price, and giving cash of KRW 10% for commission.

Accordingly, the defendant provided financing in collusion with one person C by pretending the sale of goods.

Summary of Evidence

1. Statement by the defendant in court;

1. He/she shall state B the statement of the defendant in the protocol of interrogation of the suspect;

1. A written accusation;

1. Under-reported data on sales of credit cards, etc. on January 2015;

1. Investigation report (the results of execution of a warrant of search and inspection of search conducted 2017-7860);

1. F card replies, G card replies, H card replies, I card replies, J card replies, K card replies, L card replies, M card replies, and M card replies;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of judgment, etc.);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;