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(영문) 의정부지방법원 2018.05.17 2018고단366

여신전문금융업법위반

Text

Defendant shall be punished by a fine for negligence in KRW 8,000,000 (Mive million).

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

No financial loan shall be made by pretending to sell goods or provide services, etc. by making a transaction by credit cards.

The Defendant, in collusion with B, agreed to pay 2% of the profits therefrom to the credit card holders who need financing by means of a credit card terminal, such as “C corporation,” etc., and return 90% of the settlement amount in cash.

On October 20, 2014, the Defendant received a request for financing from D in Seoul, pretended to sell goods, made a false settlement as if he purchased KRW 1.2 million with D’s E card using a credit card terminal in the name of “C Co., Ltd.”, made a false sales slip, and paid KRW 1.88,000,000,000 after deducting the fee per 10% of the settlement amount from D.

In addition, from around that time to October 1, 2015, the Defendant extended a total of KRW 1,383,076,000 over 823 times, such as the written list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against F or D;

1. Copies of each business registration certificate;

1. A certificate for all registered matters;

1. G bank account (CH Co., Ltd.);

1. Application of the Acts and subordinate statutes attached to the judgment of accomplice who is an operator of a credit card tin company;

1. Relevant legal provisions and each of the former Financial Business Specializing in Credit (Amended by Act No. 13068, Jan. 20, 2015); Article 70(2)2 (a) of the Criminal Act; Article 30 of the Criminal Act (Act No. 13068, Jul. 20, 2015); Article 70(3)2 (a) of the Act on Specialized Credit Financial Business; Article 30(3) of the Criminal Act; Article 30 of the Criminal Act (Act No. 1306, Jul. 21, 2015); selection of each fine.

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order correspond to the frequency, method and financing of the instant crime.