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(영문) 서울중앙지방법원 2017.08.16 2017고단3732
여신전문금융업법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is a person who actually operated B Co., Ltd. (Co., Ltd. (hereinafter “instant company”) from May 2016 to December 1, 2016.

No credit card merchant shall lend the name of a credit card merchant to any third party.

1. On May 2016, the Defendant lent a credit card terminal in the name of the instant company to F who operates “E” at around 105 of the first floor of the Seocho-gu Seoul Metropolitan Government D Building 1, and issued a sales slips worth KRW 92,727,000 in total from around that time to December 1, 2016.

2. On July 14, 2016, the Defendant lent a credit card terminal in the name of the instant company to I operating “H” of the company from July 18, 2016 to October 9, 2016, the Defendant issued a total sales slip equivalent to KRW 288,873,138, in total at the event of the store located in the store located in the store located in the store located in the Seoul Southern-gu Seoul Metropolitan Government branch of the store located in the store located in the store located in the company located in the 2089 Seo-gu, Seoul Metropolitan Government.

Accordingly, the defendant lent the name of the credit card merchant to another person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of the F or I by the prosecution;

1. A letter of accusation or a statement of disguised credit card member stores;

1. Application of Acts and subordinate statutes governing the details of sales by E date, electronic payment agency service contract, business registration certificate (H), all registered matters, credit card settlement records in the name of the Bank of Korea, credit card payment records in the name of the Bank of Korea and

1. Relevant Articles 70 and 70 (4) 6 and 19 (5) 4 of the Act, the selection of imprisonment for a financial business specializing in providing credit, and the selection of a punishment for a crime;

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 suspension of execution (Considerations, reflects, and points without the same force);

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