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(영문) 서울중앙지방법원 2016.04.15 2016고단870
여신전문금융업법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who establishes a general credit card franchise store with the trade name of (main) D for the purpose of operating shopping mall in Gangnam-gu Seoul Metropolitan Government 4.

No credit card merchant shall conduct transactions by credit cards as an agent.

Nevertheless, on May 1, 2015, the Defendant entered into a credit card settlement service contract with the following: (a) B/S B/L around May 26, 2015; (b) B/S B/L around July 3, 2015; and (c) B/L around July 3, 2015 with the credit card terminal in the name of D/L respectively; (d) 3.85% of the sales amount including value added tax (including 1.5% of the number of credit card companies) as commission; and (e) from May 8, 2015 to October 13, 2015, the Defendant made a credit card transaction under the name of D/L to make payment from the above company by lending 83 credit card terminals in the name of D to the above company; and (e) made payment from the said company to customers in the name of 10.70% of the sales amount by the said credit card company.

Summary of Evidence

1. Statement by the defendant in court;

1. A letter of on-site verification of credit card member stores;

1. Details of sales and payment of credit cards, and details of payment of sales by affiliated company;

1. Details on the entry into and withdrawal from a new bank account, and those on the entry into and withdrawal from a foreign bank account;

1. Application of the Acts and subordinate statutes governing venue photographs;

1. Article 70 (3) 4 and Article 19 (5) 5 (Selection of Imprisonment) of the Act on Business of Financial Services Specializing in Crediting the relevant Act on criminal facts;

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

1. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is not easy considering that the defendant's act of acting for another person in credit card transactions even though the defendant is not a normal settlement agency, which may undermine the credibility and safety of transactions.

However, the fact that the defendant confessions and reflects the crime, and the previous one.

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