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(영문) 광주지방법원 2014.11.12 2014고단2477
여신전문금융업법위반등
Text

Defendants shall be punished by imprisonment for six months.

However, it is against the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On November 22, 2013, Defendant A was sentenced to a suspended sentence of two years for a violation of the Petroleum and Petroleum Substitute Fuel Business Act at the Gwangju District Court, and the decision was finalized on the 30th of the same month.

[2014 Highest 2477] A credit card merchant shall not engage in a transaction by credit cards in the name of another credit card merchant.

Nevertheless, from March 16, 2012, the Defendants conspired to enter into a business registration and a credit card merchant in the name of “F station” in Gwangju Mine-gu after lending the name of “E” from around March 16, 2012, while operating the gas station, the Defendants changed the business registration in the name of G around April 12, 2012 at the request of the above E, and again changed the business registration in the name of H around June 1, 2012.

The Defendants, on May 11, 2012, with the intention to continue the operation of the gas station for the above period until the date of issuance of a registration certificate and approval of the franchise store until the date of the issuance of the registration certificate in the process of changing the business registration under the above H’s name, three credit card terminals of the JTM-800, JTIC 2) and the same month.

5. Around 14. Around May, 2014, the credit card terminal (based on model name: JTIC 1) of the said J-owned station was installed in each of the above F-owned stations, and received credit cards from customers who found the said gas station from May 11, 201 to May 31, 2012, and settled total of KRW 332,878,202 by using the said payment terminal.

Accordingly, the Defendants conspired to make a transaction by credit card in the name of another credit card merchant.

[2014 Highest 2753] Defendant A due to a large amount of tax liability, Defendant B is a person who has become bad credit due to a default in payment of financial rights, and Defendants are likely to enforce compulsory execution, such as seizure of the account due to the said debt, tax appropriation for future profits, tax imposition, etc. in the event they operate a business after registering the business in their name.

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