beta
(영문) 서울동부지방법원 2016.07.05 2016고정577

여신전문금융업법위반등

Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

D A. A. A. A. a person who solicits a credit card to borrow funds by means of pretending the sale of goods or the provision of services using the credit card with the credit card against the person wishing to borrow the credit card, E is a person who distributes the credit card collected by D to the person who manages the credit card merchant (defluence), F and Defendant A play a role of lending funds (defluence) by means of a credit card merchant operator issued by E, and Defendant B is a person who delivers the credit card collected by D to D and collects cash obtained by credit card holders through credit card holders (defluence).

Defendants, E, F, D, with the trade name of “G,” etc. for many unspecified persons, placed an advertisement on the Internet, etc. stating that “paid late payment, loans to employees, and loans on the same day,” and allowing them to use credit cards from those who wish to borrow.

On the other hand, if the credit card was issued and sent to E, which is in contact with the credit card merchant owners, after receiving the credit card and remitting credit card arrears and loans to the above persons, E loaned the amount equivalent to the principal and interest, including the interest from the credit card through F, Defendant A, nameless “H”, and “I” which actually manages the card merchant, and conspired to divide the profits therefrom.

On the other hand, on October 8, 2014, Defendant A was sentenced to imprisonment without prison labor for one year and two months for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Gwangju District Court, and the said judgment became final and conclusive on October 16, 2014.

1. Any person in violation of the Act on Specialized Credit Financial Business shall make a transaction by credit cards, or have another person do so on behalf of another person, by pretending sale of goods or provision of services, etc.;