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(영문) 서울남부지방법원 2016.04.22 2016고단441

여신전문금융업법위반

Text

A defendant shall be punished by imprisonment for six months.

except that 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

No credit card merchant shall lend its name to any third party.

Nevertheless, the Defendant received a proposal from 60 men whose name is unknown to make a credit card merchant name in order to make a payment, and around April 5, 2012, the Defendant opened a credit card merchant under the name of Geumcheon-gu Seoul Metropolitan Government "C" in the name of "C", from April 13, 2012 to May 16, 2012, lent "C" under the name of the credit card store store registered as above to the above person, and opened a credit card merchant under the name of "E" in the name of "E" in Geumcheon-gu Seoul Metropolitan Government around June 20, 2012, and thereafter, from June 26, 2012 to July 19, 2012, the Defendant provided the above non-party name "E" with food, alcoholic beverage, etc. to the large number of customers, and provided the amount equivalent to 3080 won in the name of "308,800 won in total," and "308380,083."

Accordingly, the defendant lent the name of credit card member store to each other.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the details of approval of each credit card, confirmation of each transaction, each application for registration of each business operator, each business report, sales details, and the details of credit card sales;

1. Relevant Article 70 (4) 6, and Article 19 (5) and 4 of the Act on Special Cases concerning the Financial Business that specializes in providing credit services and the selection of a punishment for an offense;

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. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act (i.e., favorable circumstances among the reasons for sentencing) of the suspended sentence, lent the name of the credit card member store to another person after opening two credit card member stores. However, the amount of the transaction was not specified, and lending the name of the credit card member store as in the instant crime is financial transactions.