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(영문) 전주지방법원 군산지원 2015.05.22 2014고단1410
여신전문금융업법위반
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant is a person who operates D in the following city C.

No credit card merchant shall make a transaction by credit cards in the name of another credit card merchant.

From February 14, 2013 to June 9, 2014, the Defendant: (a) installed a credit card terminal in the name of F operation G (business registration number: H) in the said singing practice room; and (b) settled KRW 280,660,00 on a total of 2,756 occasions after having installed the credit card terminal in the said singing practice room; and (c) made a transaction by credit card in the name of other credit card merchants.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made in F in the protocol of interrogation of suspects against the accused or F by the prosecution;

1. Monthly approval and joint investigation report, and detailed statement of approval for credit cards;

1. Report of investigation and report of current status, and income tax report;

1. Application of Acts and subordinate statutes to written accusation;

1. Relevant Article of facts constituting an offense and Articles 70 (2) 3 and 19 (4) 3 of the Specialized Credit Finance Business Act ( comprehensively and collectively, choice of imprisonment);

1. The crime of this case, on the grounds of sentencing under Article 62(1) of the Criminal Act, is likely to disrupt sound credit card transaction order, and the period of transaction is longer and the amount of transaction exceeds 280 million won.

However, in consideration of the fact that the defendant reflects the crime, the payment of related taxes, the fact that there is no criminal record for the same kind of crime and there is no penalty record exceeding the fine in the past, etc., the punishment shall be determined as ordered.

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