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(영문) 서울동부지방법원 2016.09.19 2015고합358
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for seven years and for eight months, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Criminal facts

[B] On February 4, 2016, Defendant A was sentenced to imprisonment with prison labor for a violation of the Act on Specialized Credit Financial Business at the Seoul Eastern District Court on April 28, 2016 and the judgment became final and conclusive on April 28, 2016.

【Criminal Facts】

1. Defendant A, along with Defendant E, purchased a processing corporation’s business registration certificate established under the name of F, nameless G, etc. in the name of the president of the branch, a certified copy of the corporate registry, corporate seal impression, certificate of corporate seal impression, passbook in the name of the juristic person, passbook in the name of the juristic person, deposit-in card, OTP and Internet banking, and a credit card settlement agency contract with a credit card settlement agency in the name of the processing corporation, and entered into a credit card sales agency contract with the above processing corporation. The above processing corporation supplied the credit card device that was a franchise store to clothing sales, etc., and then acquires credit card sales bonds generated in the name of the above processing corporation using a credit card device.

H is a person in the position of the chief of the general department of a credit card agency company I (hereinafter referred to as the "I"), and the J is a person in charge of the payment, withdrawal, and settlement of credit card sales payment as an agent of I.

A. The Defendant, along with H, runs the role of the Defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), as well as the Defendant: (a) registered false information on approval of sales of credit cards in the name of the processing corporation by using credit card member stores registered in the computer of the credit card payment agency after deducting the advance interest from the details of approval for sales of credit cards by credit card member stores registered in the computer of the credit card payment agency; (b) obtained a false information on approval for sales of credit cards from the processing corporation as collateral; and (c) provided the registration number, etc. of the processing corporation, such as the Plaintiff’s M. (hereinafter “M”) to be used as a member store; and (d) H.

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