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(영문) 의정부지방법원 2018.09.04 2018고단2763

여신전문금융업법위반

Text

Defendant

B Imprisonment for four months, and Defendant A shall be punished by a fine of three million won.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

B is the representative director of E Co., Ltd. who operates a company with fishery products in Kuri-si C market D, and Defendant A is the employee of the E Co., Ltd. who registered the card merchant with the trade name of “F” and registered the card merchant.

Defendant

A, from October 8, 2017, engaged in the business of purchasing and selling fishery products to E companies, upon receiving a request from Defendant B to allow them to use card terminals in the name of “F” when selling goods in the above E companies.

1. On October 15, 2017, Defendant B traded KRW 199,546,00 in total as shown in the list of crimes in the attached Table from around that time to December 15, 2017, including the Defendant’s act of lending KRW 1,390,00 on 14 occasions the credit card terminal of “F” credit card merchant at the place of business of the said E-stock company, “F” credit card merchant.

Defendant used the name of another credit card merchant as above to make a transaction by credit card.

2. Defendant A lent credit card terminals of “F” credit card member stores as above at the date, time, and at the place specified in paragraph (1), and had Defendant A conduct credit card transactions in an aggregate amounting to KRW 199,546,000 from around that time to December 15, 2017, as indicated in the List of Crimes.

The Defendant lent the name of the credit card merchant to another person as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related to G;

1. Application of statutes on permits for intermediary wholesale business, certified copy of corporate registry, details of credit card transactions, and details of credit card transactions;

1. Defendant A of the relevant criminal facts: Article 70(4)6 and Article 19(5)4 of the Act on the Financial Business Specializing in Credit; Defendant B chosen to be sentenced to imprisonment: Articles 70(3)3 and 19(5)3 of the Act on the Financial Business Specializing in Credit; Articles 70(3)3 and 19(5)3 of the Act on the Financial Business Specializing in Credit; Articles 1.