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(영문) 수원지방법원 평택지원 2016.05.19 2016고단289
여신전문금융업법위반
Text

A defendant shall be punished by imprisonment for one year.

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

1. No one who commits a joint crime with the accused shall make a credit card transaction by pretending the sale of goods or the provision of services, etc. or having another person make such transaction by proxy in excess of the actual amount of sales, or mediate or arrange such transaction by proxy;

Nevertheless, the Defendant: (a) established a G agricultural partnership under the name of “Durler” E and his spouse who recruits credit card holders in need of financing and registered a credit card merchant; and (b) opened a credit card merchant with the credit card holders in need of self-financial transit with the credit card terminal of the foregoing old-age corporation, and (c) conspired to have the profits accrued by dividing the profits by 90 percent of the settlement amount into 7.5:2.5 percent of the Defendant and E.

On February 2, 2015, the Defendant made a false payment as if he purchased 300,000 won with a credit card in the name of the said possessor using a credit card terminal in G agricultural partnership’s name, made a false payment as if he/she purchased 300,000 won with a credit card in the name of the said possessor, and paid 270,000 won remaining after deducting 30,000 won per 10% of the settlement amount to the said possessor from around 16:25 to June 13, 2015 by the aforementioned method as above from around that time, from around 200 to around 13, 2015, the Defendant paid 419,207,000 won per 29 times in total, as shown in the list of crimes (1) in attached Form 37,286,300 won.

2. On May 19, 2014, the Defendant solely committed a crime: (a) establishing a G farming association corporation under the name of his/her spouse F; (b) registering a disguised credit card merchant; (c) being requested to provide financing from a person in unsound name in Seoul on June 2, 2014; and (d) using a credit card terminal of the G farming association to purchase KRW 1,850,000 using the credit card terminal of the G farming association in disguise for the sale of goods.

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