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서울중앙지방법원 2014.01.23 2012고단6819

여신전문금융업법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around September 30, 2009, the Defendant entered into a contract for goods supply to purchase and sell the above interest rate member tickets with C which entered into a contract for goods sale of the interest rate member tickets with D, etc. Around September 30, 2009, the Defendant leased credit card settlement terminal in the name of D, etc. to settle the sales price.

On October 26, 2009, the Defendant sold the above interest rate membership tickets to F, and prepared sales slips equivalent to KRW 1,869,800 using the above credit card settlement terminal with the credit card presented by F, and from that to December 8, 2009, the Defendant issued sales slips equivalent to KRW 143,906,40 in total 81 times in total using the credit card settlement terminal in the name of E, as shown in the list of crimes, from that to that of December 8, 2009.

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

The Defendant is a person engaged in the sales business, etc. of card terminals from Dongdaemun-gu Seoul Metropolitan Government G Building 301.

Although anyone is prohibited from lending the name of a credit card merchant to another person, the defendant made a business registration to establish a credit card merchant, and made a credit card terminal under the name of a business operator opened by H lend I, one person J division, etc. to lend it to an entertainment drinking house, etc. and conspired to divide profits equivalent to 12% of the settlement amount.

The Defendant, on April 16, 2010, lent L’s credit card terminals installed in the name of H in the L restaurant operated in Gangnam-gu, Seoul, K 1st Ground to I and one J commander for the use of them in the place of entertainment tavern, etc., thereby allowing the Defendant to pay KRW 1,700,000 as the drinking value from the 2nd class O entertainment tavern in Dongdaemun-gu, Seoul, around July 16, 2010 as well as from April 20, 2010 to August 14, 2010.