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(영문) 대구지방법원 2016.01.27 2015고정2845
여신전문금융업법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, with the trade name of “B” at the competent tax office, is a person who has completed the registration of retail/electronic commerce business with the Daegu-gu dong-gu 101 and 311 place of business, and D shall not lend the name of the credit card franchise store to another person, who is the Defendant’s husband and operates the “E” as the Defendant’s husband.

However, on June 1, 2015, the Defendant: (a) installed a credit card terminal, which was subscribed in the name of “B,” in the name of “B,” at the Defendant’s residence; and (b) had D settle part of the sales amount from around that time to July 18, 2015 using the said device in the process of settling it by credit card; and (c) violated the matters to be observed by credit card merchants.

Summary of Evidence

1. Statement by the defendant in court;

1. D's written confirmation;

1. A written accusation;

1. A report on the field inspection of credit card warnings at an early stage;

1. Family relation certificate;

1. Application of Acts and subordinate statutes on disguised sales of credit cards;

1. Article 70 (4) 6 and Article 19 (5) 4 (generally, selection of fines) of the Act on Special Cases concerning relevant criminal facts and the finance business specializing in granting selective credits and punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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