beta
(영문) 서울중앙지방법원 2019.06.24 2018고단8649

여신전문금융업법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the actual operator of the “C” ran bar located in Gangnam-gu Seoul from February 2, 2017 to July 2017, and D is the business director of the said main shop, and E is the accounting of the said main shop.

No one may lend the name of a credit card merchant to another person, however, the Defendant conspired to lend the credit card terminal of the said D, E, and the said main store to another business establishment and receive fees.

around May 27, 2017, the Defendant lent a credit card terminal of the G entertainment tavern in Gangnam-gu Seoul Metropolitan Government on condition that he/she will receive 13% fee to the G entertainment tavern, and, if he/she presents a credit card to calculate the drinking value, he/she would have the said device calculated KRW 3,200,000 by using the said device, and from March 23, 2017 to June 17, 2017, the Defendant lent the total of KRW 57,240,000 in collusion with the said D and E, thereby lending the name of the credit card merchant in collusion with the said D and E.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect against J by prosecution;

1. Each police statement made to I, K, L, M, N, D, and E;

1. Each statement of theO and P;

1. Written accusation, written review of the suspect of credit card franchise, and written confirmation of the fact of transactions; and

1. An investigation report (in relation to the violation of the Specialized Credit Financial Business Act), investigation report (related to the issuance of a license for a danran business and a business registration certificate), investigation report (related to the issuance of a credit card payer's data related to the violation of the Specialized Credit Financial Business Act), investigation report (in relation to the establishment of a credit card merchant, the code of the solicitor, the application for a license for a business of a danran, etc.), subscription information printed out of the franchise store, sales information output, application form of a franchise store, actual inspection report, business registration certificate, business registration certificate, copy of passbook, etc., investigation report (Cran tavern lease contract), copy of lease contract, agreement