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(영문) 서울남부지방법원 2016.10.06 2016고단3890

여신전문금융업법위반

Text

Defendant

L A fine of KRW 3,00,000 and Defendant N shall be punished by fine of KRW 2,00,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Criminal facts

1. No credit card merchant shall lend the name of a credit card merchant to any third party;

Nevertheless, from August 2013 to February 2015, the Defendant lent the name of the credit card merchant to another person by having the credit card company run the credit card transaction of approximately KRW 29.87 billion in total by using the credit card terminal of the mutual credit card merchant of "M" in the name of the Defendant when K corporation, which was substantially operated by A, sells bread, etc. to customers at the J Station underground stores located in Eunpyeong-gu Seoul Metropolitan Government I, and pays the price thereof.

2. No credit card merchant shall lend the name of a credit card merchant to any third party;

Nevertheless, from November 2014 to March 2015, the Defendant lent the name of the credit card merchant to another person by having the credit card company run the credit card transaction of approximately KRW 7,691,00,00 in total by using the credit card terminal in the name of the Defendant in the name of “O” when selling bread, etc. to customers and settling the price thereof at the J station underground stores located in Eunpyeong-gu Seoul Metropolitan Government I.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants and A

1. Application of the current status of registration of each credit card and the details of issuance of each credit card;

1. Relevant Article 70 (3) 6 and Article 19 (4) 4 of the former Specialized Credit Finance Business Act (which was amended by Act No. 13068, Jan. 20, 2015; which was enforced before July 21, 2015) concerning facts constituting an offense;

1. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the circumstances leading to the instant crime, the Defendants’ and A’ personal relations, the circumstances in which the Defendants recognized their mistakes, and the age of the Defendants.