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(영문) 광주지방법원 장흥지원 2019.06.27 2018고단224

여신전문금융업법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a limited liability company B (the trade name before the change is a limited liability company C and representative director D), and the limited liability company B is a credit card merchant.

The defendant, as the E farming association corporation (the representative director) operated separately, did not sell goods to E farming association corporations in the name of E farming association corporation, the defendant received the credit card payment with a limited liability company B terminal in the name of E farming association corporation and received the credit card payment from E farming association corporations as if he did not sell goods to E farming association corporations.

On January 10, 2014, the Defendant sold the goods to E farming association, even though there was no fact that it sold the goods, as if he sold the goods equivalent to KRW 11,650,00,00, the Defendant received payment using the Gwangju Bank Card (G) and the corporate rain card (H) in the name of E farming association and deposited the total of KRW 114,519,50,000 in the B account in the name of E farming association, and remitted KRW 114,510,000 on the same day to E farming association.

In addition, from December 17, 2013 to March 17, 2014, the Defendant received a total of 630,500,000 won from 18 times in the same manner as indicated in the list of crimes, and remitted the card amount to E agricultural partnership when it was deposited into a limited liability company B and C’s account.

Accordingly, the defendant provided funds to EAF in pretending the sale of goods or provision of services.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation reports (the attachment of details of use of the E-corporate card, attachment of details of bank transactions in the E-corporate bank account, and reporting accompanying details of B

1. Article 70 (3) 1 (a) and Article 70 of the Specialized Credit Finance Business Act concerning facts constituting an offense, and selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order.