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(영문) 울산지방법원 2018.09.07 2018고정642

여신전문금융업법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant is a non-permanent position.

No one shall make a loan by means of a credit card, or have another person do so on his/her behalf, in order to make a transaction by pretending the sale of goods or provision of services, etc. or in excess of the actual sales amount

Nevertheless, around April 2017, the Defendant received a ID and password that allows the use of the payment platform by getting off the credit card payment platform set up in the “Saice Paint” on his/her mobile phone.

The Defendant used the settlement platform that was received from the Co., Ltd. LAS Co., Ltd. LAS Co., Ltd. to pay “food disposal machine” with C’s credit card in the name of 1.4 million won on June 12, 2017, as if they were sold in gold 1.4 million won, and paid the amount that was deducted by 5.5% of the settlement amount from C’s credit card in the name of 1.4 million won, and paid from LAS to the card holder, and paid the amount that was deducted by 5.5% of the settlement amount from LAS, and paid the above amount to the card holder on 23 occasions before and after the relevant credit card settlement statement, and paid the deducted amount in cash.

Accordingly, the defendant did the act of financing by pretending the sale of goods or the provision of services.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the CD-related Acts and subordinate statutes that contain the details of approval;

1. Relevant Article 70 of the Act and Article 70 (3) 2 (a) of the Act on Special Cases concerning finance business that specializes in selective credit for criminal facts and punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;