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(영문) 광주지방법원 2017.03.08 2017고단114

여신전문금융업법위반

Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

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

On June 24, 2014, the Defendant registered a business operator with the name of “D” in the name of “D” in the name of the Defendant’s wife in Gwangju-gu, Gwangju-gu. From July 4, 2014 to July 16, 2016, the Defendant traded a credit card merchant with the name of “E” in the name of “D” in the name of “E” in the name of the Defendant’s wife, and traded a total of KRW 73,164,794 won in the name of the customers who provided meals in the said “E” over a total of 10,421 times from July 9, 2014 to August 16, 2016.

Accordingly, the defendant made a credit card transaction using the name of another credit card merchant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police officer in relation C (one time, replacement);

1. Written accusation by the head of the Gwangju Tax Office;

1. Details of issuance of sales slips on D credit cards;

1. Application of Acts and subordinate statutes of E internal explanation;

1. Relevant Article 70 of the Act and Articles 70 (3) 3 and 19 (5) 3 (including comprehensive) of the Act on Business of Financial Services Specializing in Granting credits and punishment for facts constituting an offense, and the choice of imprisonment;

1. Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act on the grounds that a credit card transaction was conducted in the name of another chain store for the purpose of escape, the frequency of such transaction is 10,421 times, and the amount of transaction is 730,000 won in total, not less than the liability of the accused for the crime, but not