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(영문) 광주지방법원 목포지원 2016.08.18 2016고정226

여신전문금융업법위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No financial financing shall be made by pretending the sale of goods or the provision of services, etc. by means of a transaction by credit cards.

Nevertheless, on June 23, 2014, the Defendant, at a store in the C High School, registered as a credit card merchant in the name of his/her father and sold actual goods at a store in the C High School, but, inasmuch as the Defendant did not sell the goods, the Defendant, as if he/she sold the goods equivalent to approximately KRW 4 million to E in the name of his/her limited company E, settled the amount of KRW 4 million with a credit card (F) in the name of his/her limited company E, and used the said goods by receiving KRW 4 million from the credit card company as operating expenses of the limited company E, from that time to August 20, 2015, and thereafter, financed funds by means of trading with the credit card in total 19 times in the same manner as indicated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the police statement protocol, accusation protocol, and investigation report protocol to G;

1. Selection of a fine and a fine under Article 70 (3) 2 (a) of the Act on Business of Financial Services Specializing in the relevant criminal facts and the selective extension of a sentence;

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;