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(영문) 수원지방법원 안양지원 2018.05.11 2017고단2479

여신전문금융업법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates the “C” at the Do retail store in Ansan-si B and 101.

No person shall lend funds by means of making a transaction by credit cards in pretending the sale of goods or the provision of services, etc.

The Defendant, a credit card merchant, recruited people in need of financing without selling actual goods or providing services using the card terminal of the above "C", and tried to enter into a "line-based tin" name by trading with a credit card in his/her name and lending funds.

On October 14, 2016, the Defendant, at the above “C” around October 14, 2016, pretended to settle 300,000 won with a credit card (credit card number (E) of a bank and paid to D the remaining amount excluding fees, by pretending to sell goods or provide services, as shown in the list of crimes in the attached Table, and, from that time to August 22, 2017, settled the total amount of KRW 117, 111,30,000 by credit card and provided remaining funds excluding fees.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes confirming respective transactions by F, G, H and I;

1. Relevant Article and Article 70 (3) 2 (a) of the Act on the Financial Business Specializing in Credit Extension of Punishment for Facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order: The liability for the crime is not easy in light of the period and scale of the crime.

The favorable circumstance seems to be the attitude of the defendant to reflect the wrongness.

There are no criminal records of the same kind or suspension of execution.

Determination of sentence: Determination of sentence as ordered in consideration of the sentencing conditions, such as these circumstances, the age, sex, environment, etc. of the defendant.