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(영문) 울산지방법원 2016.11.17 2016고단3012

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

No credit card merchant shall deal with credit cards in the name of another credit card merchant.

The Defendant: (a) around January 2014, the person operating “C”, which is a credit card merchant in Ulsan-gu B; (b) around January 2014, the Defendant provided food to customers under his/her name; and (c) paid KRW 273,00 by means of a credit card; and (d) paid KRW 76,07,00 in the name of the “E” credit card merchant in Ulsan-gu, 2014; and (c) used the credit card transaction amount of KRW 90,117,00,00 in the amount of the second credit card transaction in 2014; (d) KRW 69,410,00 in the amount of the first credit card transaction in 2015; and (e) KRW 55,41,00 in the amount of the second credit card transaction in 2015; and (e) KRW 24,84,00 in the amount of the credit card transaction in 2016; and (e) paid in the name equivalent to KRW 30585,07.

Accordingly, the Defendant traded by credit card using the name of another credit card merchant.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to investigation reports (a monthly card sales details attached);

1. Article 70 (3) 3 of the Specialized Credit Financial Business Act and Article 19 (5) 3 of the same Act concerning facts constituting an offense;

1. Selection of imprisonment (to take into account that the trading period is long and the amount is not specified, etc.);

1. Suspension of execution under Article 62 (1) of the Criminal Act;