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(영문) 수원지방법원 안산지원 2016.05.27 2016고단1404

여신전문금융업법위반

Text

A defendant shall be punished by imprisonment for not less than three months.

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

Reasons

Criminal facts

On August 20, 2015, the Defendant was sentenced to a suspended sentence of two years in the Seoul Northern District Court on August 20, 2015 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (protruding vehicles), etc., and the judgment became final and conclusive on August 28, 2015. On November 13, 2015, the Incheon Northern District Court was sentenced to one year of imprisonment with prison labor for fraud, etc., and the judgment became final and conclusive on March 7, 2016.

No credit card merchant shall lend the name of a credit card merchant to any third party.

Nevertheless, on December 19, 2014, the Defendant lent the name of the credit card merchant in the name of the Plaintiff and issued the credit card sales slips totaling KRW 234,540,500 from January 21, 2015 to December 25, 2015, to another person in the name of the Plaintiff’s credit card merchant in around December 24, 2014, after completing the registration of the Plaintiff and the registration of the credit card merchant in the name of the Plaintiff Co., Ltd. (hereinafter “D”).

Summary of Evidence

1. Statement by the defendant in court;

1. A franchise store information inquiry statement;

1. A detailed statement of approval for cards;

1. Business registration certificate;

1. A written confirmation to install an IC card terminal;

1. References to inquiries, such as criminal history, and application of search statutes of the case;

1. Article 70 (3) 6 and Article 19 (4) 4 of the relevant Act on criminal facts and the former Financial Business Specializing in Credit Services (Amended by Act No. 13068, Jan. 20, 2015); the selection of imprisonment with labor;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62(1) of the Criminal Act (i.e., the number of pre-sale slips issued by lending the Defendant’s name reaches 79, but the Defendant confessions and reflects the Defendant, and the Defendant does not have any identical criminal record, and the instant crime is in the relation of concurrent crimes after Article 37 of the Criminal Act with the above crime for which judgment became final and conclusive, and the purport of Article 39(1) of the Criminal Act should