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(영문) 서울중앙지방법원 2019.10.31 2018고단2119

여신전문금융업법위반

Text

A defendant shall be punished by imprisonment for one year.

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 May 8, 2015, the Defendant, at Jung-gu Seoul Metropolitan Government, presented a credit card with which the nominal owner is unknown in order to calculate KRW 100,000,000 for a lighting instrument, provided sales slips using a credit card settlement machine in the name of “D”, which is another credit card merchant, and made credit card transactions under the name of another credit card merchant by getting the account holder to write off the sales slip and sign it to the account holder. From around that time to December 12, 2017, the Defendant traded credit card transactions in the name of another credit card merchant in total of KRW 3,627,00,000,000 in total, as shown in the list of crimes in the attached Table.

Accordingly, the defendant did the act of trading by credit card using the name of another credit card merchant.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of the Act and subordinate statutes on the settlement of credit cards, such as an accusation, the detection of disguised member shops following consumer information on the card sales slip, E business registration application, D business registration application, F site photographs in Jung-gu in Seoul, Seoul, the payment amount of D credit cards, confirmation of the fact of transactions, investigation report (to be in the currency of a person in charge of mid-term tax office related to a specific crime period in this case), investigation report (to be submitted), the use of credit card terminals subscribed in D name, investigation report (to be submitted in medium-tax office G and H), and the settlement report of D

1. The period, frequency, amount of transaction of the instant crime and other circumstances indicated in the record, including the Defendant’s age, criminal records, character and conduct, environment, motive and consequence of the instant crime, and circumstances after the commission of the crime, etc., on the grounds of sentencing under Article 70(3)3 of the pertinent Act and Articles 19(5)3 of the Specialized Credit Finance Business Act (comprehensively, choice of imprisonment), shall be determined as per Disposition, taking into account the following factors: