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(영문) 수원지방법원 안양지원 2014.11.27 2014고정937
여신전문금융업법위반
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Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who actually runs an entertainment tavern C, located in Ansan-si, a member B, from January 15, 2013 to May 10, 2013.

No credit card merchant may lend his/her name to another credit card merchant.

Nevertheless, on February 15, 2013, the Defendant lent the name of the credit card merchant of the “C” to the said “E” entertainment drinking club located in Ansan-si, and had it settle KRW 240,00,000 on February 15, 2013, as shown in the list of crimes in attached Table, the Defendant lent the name of the credit card merchant of the said “C” to the four business establishments, and had it settle KRW 36,940,00 over 36 times until May 3, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of a protocol of suspect examination of the police against F;

1. Application of Acts and subordinate statutes to a report on termination of credit card disguised member shops (including attached data);

1. Article 70 (3) 6 of the Specialized Credit Finance Business Act and Article 19 (4) 4 of the Specialized Credit Finance Business Act concerning facts constituting an offense;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. According to Article 334(1) of the Criminal Procedure Act, in full view of various circumstances, on the basis of the prosecutor’s old sentence and the sentencing precedent of the same kind of case, the following circumstances are considered: (a) there was a history of receiving fines several times for a crime that the defendant lends the name of credit card merchant; and (b) the defendant’s confession that the defendant would no longer commit the same crime; (c) and (d) comprehensively takes account of various circumstances, which form the conditions for sentencing as shown in the argument and the record of the instant case, based on the prosecutor’s old sentence and the sentencing precedent of the same kind of case, a fine of seven

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