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(영문) 부산지방법원 2018.11.29 2018고정1208
여신전문금융업법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No one shall lend money by means of making a transaction by credit cards, or making another person do so on his/her behalf, in excess of the actual sales amount or the actual sales amount, or arrange for such transaction.

Nevertheless, on July 2016, the Defendant received a ID and password that allows the use of the settlement platform by getting off apps offered by PSS Co., Ltd. on his/her mobile phone.

On March 28, 2017, the Defendant, using the settlement platform that was received from Ppanish Co., Ltd., the Defendant settled the amount of 5.5% of the settlement amount by using B’s credit card in the name of B at around 1,300,000 won as if it were sold with B’s credit card at around 1,30,000 won, and distributed it to B by receiving payment from Ppanish Co., Ltd., and by receiving the amount of 1,9130,000 won in total and deducting the fee, as shown in the attached credit card settlement statement.

Accordingly, the Defendant committed an act of financing funds by pretending to sell goods.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the prosecution against the defendant;

1. Application of Acts and subordinate statutes, such as a letter of case transfer (including attached data);

1. Relevant Act and Article 70 (3) 2 of the Act on the Financial Business Specializing in Granting selective credits to facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 62(1) of the suspended sentence under the Criminal Act does not have any history of crime against the accused, and the defendant appears to have the attitude of recognizing and reflecting the facts of the crime, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, which are shown in the records and arguments of this case, including the background, means and methods of the crime in this case, the circumstances after the crime, the age, sex, and environment of the accused.

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