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(영문) 전주지방법원 2014.09.25 2014고단854
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

On June 27, 2013, the Defendant registered his/her business (the closure of business on December 17, 2013) by using his/her own ancillary D, his/her business name as “E,” the address of his/her place of business, Jeonjin-gu, Seoul, and its representative.

No credit card merchant shall lend funds by means of an act of pretending a transaction by credit cards without selling goods or providing services, etc.

Nevertheless, around 15:06 on June 27, 2013, the Defendant offered a new card (credit card number G) from customers at the stores of the first floor of the 1,000,000 won, making a false credit card sales slip, and made a false loan to KRW 920,000 remaining after deducting an amount equivalent to 8% of the above settlement amount as a commission.

In addition, from that to November 29, 2013, the Defendant provided funds equivalent to KRW 129,73,800 in total by means of an act of pretending to trade with credit cards in total amount of 141,015,00 won without selling goods or providing services through the aforementioned method 96 times, as indicated in the attached Table of Crimes List Nos. 3 through 96,9,100, from that to that of November 29, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A statement of on-site verification;

1. A written accusation;

1. Investigation reports, replies to investigation reports (sales records, etc.) and investigation reports (verification of counter-person of the card holder);

1. Application of the current status of approval of credit cards and the Acts and subordinate statutes on passbook transactions;

1. Article 70 (2) 2 of the Specialized Credit Financial Business Act and Article 70 (2) of the same Act concerning facts constituting an offense;

Title, Article 19(4)1 (Selection of Imprisonment)

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is to have a customer trade with credit cards by pretending real transactions for the purpose of real transactions.

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