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(영문) 전주지방법원 2017.09.04 2017고단969

여신전문금융업법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant is a person who actually owns the said shop after opening the business with the trade name of “D” in the name of the Defendant’s mother C in the Seongdong-gu Seoul Special Metropolitan City.

On July 9, 2016, the Defendant received a request for cash loan using a new credit card in the name of E from a person in the name of the Defendant, which was the best purchase of goods or services equivalent to KRW 2,300,00,000, and subsequently paid the said credit card and received a cash loan in return for 5% of the fee.

From around that time to February 2, 2017, the Defendant financed a total of KRW 52,825,000 by the same method over 55 times, such as the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to records of recording, accusation, records of credit card sales, slips of credit card sales, and records of computerized data of the National Tax Service to Ambassador, credit card slips, and investigative reports (scriptive receipts);

1. Relevant Article of the Act concerning criminal facts and Article 70 (3) 2 (a) of the Act on Specialized Credit Finance Business for the Selection of Punishment (generally, selection of imprisonment with prison labor);

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is a matter of course for the sale of goods, which causes various harm, such as disturbing financial order, raising bad credit standing, and threatening to cause insolvency in the credit card company. Considering that the crime of this case is committed most during the period of probation, and the size of the self-financial transit is not small, the Defendant’s liability is not minor, and thus, the Defendant’s imprisonment is selected.

However, in light of the favorable circumstances such as the fact that the defendant's mistake is recognized and reflected in all, and that the profit earned by the defendant is not so significant due to the crime of this case, and all of the sentencing conditions shown in the arguments of this case, such as character and behavior, environment, family relationship, motive and circumstance of the crime, etc., are considered.