beta
(영문) 인천지방법원 2017.08.11 2017고정1011

여신전문금융업법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is a person who operates “C” with the clothing occupation from September 2, 2009 to November 201, 206, Namdong-gu Incheon Metropolitan City building B No. 108.

No one shall lend or arrange cash for the sale of any goods.

Nevertheless, on October 9, 2013, the Defendant pretended to purchase goods at “C” in the above clothing store, and obtained approval for the settlement of credit card transaction (credit card No. E) in the name of the Defendant’s husband D with the credit card No. 100,000 won under the Defendant’s husband D, and issued a pre-sale card and financed the remainder after deducting 3% of the above settlement amount from the commission.

The Defendant, as indicated in the list of crimes in the attached Form, issued a sales slip with the approval of the settlement of credit card transactions equivalent to KRW 160,409,00 in total amount of KRW 160,40,00 from October 9, 2013 to November 5, 2016, using eight credit cards in the above name of the Defendant from around October 9, 2013, and issued the sales slip with the approval of the settlement of credit card transactions in total of KRW 160,409,00, and received the remainder of the payment excluding 3% of the above settlement price as the Defendant’s passbook, etc. after receiving the payment from the Defendant

2. Determination

A. The prosecutor of the instant provisions filed a claim for summary order with the purport that the instant facts charged constituted item (a) of Article 70(3)2 (a) of the Act on the Financial Industry Specializing in Credit-Related Business (not stating item (a) of the applicable Act, but appears to fall under item (a) in light of the content of the facts charged; hereinafter “instant provisions”).

(3) Any of the following persons shall be punished by imprisonment for not more than three years or by a fine not exceeding 20 million won:

2. A person who lends a loan by committing any of the following acts, or a person who mediates such loan:

(a) Credit cards by pretending the sale of goods or provision of services, etc. or in excess of the actual sales amount;