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(영문) 대구지방법원 김천지원 2017.04.25 2016고단1974

여신전문금융업법위반

Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by imprisonment for four months, and Defendant C shall be punished by a fine of three million won.

Defendant .

Reasons

Punishment of the crime

Defendant

A From February 28, 2014, from the viewpoint of Kimcheon-si D and 1, a person operating an entertainment store with the trade name of "E" from around Kimcheon-si D and the first floor, who has opened a credit card merchant with another business place in order to divide the sales of "E" to be exempted from taxes, and has the mind to pay the sales price by distributed the sales price to another franchise store.

Accordingly, around February 28, 2014, Defendant B, a female living together with Defendant A, opened a mutual entertainment shop with the trade name “F” on the second floor of the above place. Defendant C, a female living together with Defendant B, opened a general restaurant with the trade name “G” on the first floor of the above place around April 30, 2016.

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

Nevertheless, on February 28, 2014, the Defendant offered alcoholic beverages, etc. to a customer who is not known at the main point of “E” and traded with the Samsung Card in the form of Samsung Card, upon receiving a settlement of KRW 950,000 with the payment, and then, from around that time to August 9, 2016, “F” as stated in the written indictment for a around August 2, 2016 is deemed to be a clerical error in the “F around August 9, 2016,” and thus, the Defendant corrected it ex officio.

up to 1,653 times through 680,452,320 won in the name of "G" restaurant, and 45,672,00 won through 171 times in the name of "G" restaurant.

Accordingly, the defendant did the act of trading by credit card using the name of another credit card merchant.

2. No credit card merchant of defendant B shall lend the name of a credit card merchant to any third party;

Nevertheless, the defendant lent the credit card merchant name of the "F" store registered in his/her name to the owner of the "E" store, such as the first list of crimes in attached Form 1.