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(영문) 부산지방법원 동부지원 2015.10.07 2015고정541
여신전문금융업법위반
Text

Defendant

A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of seven hundred thousand won.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

[former Fact-finding] Defendant A had been operating Ma, which had been from December 29, 2008 to Busan metropolitan area C, from around July 2012, 2008 to around July 2012, Defendant B had been working as a leader of the above inspection hall from around August 2012, and “F” is a credit card merchant of the inspection hall in Nam-gu Busan metropolitan area.

No person other than a credit card merchant may make a transaction by credit cards, etc. in the name of the credit card merchant.

Nevertheless, in collusion with Defendant A and E, Defendant A and Defendant B, who are not credit card merchants, committed a transaction by credit cards using the aforementioned “D” credit card in the process of receiving membership fees from their members by credit card, and, as it is, reverted the settlement amount to the “F,” “D” F, which means the failure to pay for the purchase price of equipment to the “F”.

【Criminal Facts】

1. On October 28, 2010, Defendant A and the Defendants paid KRW 500,000 by credit card (credit card I) under the pretext of annual membership fee from H, who is a member of the above Domdomdombook, the Defendant paid KRW 500,000 by means of the card settlement terminal of the above “F”, which is the credit card merchant located in Nam-gu, Busan.

Accordingly, Defendant A made a transaction by credit card in the name of credit card merchant even though it is not a credit card merchant in collusion with E.

2. From January 15, 2013 and January 28, 2014, Defendants A and B paid KRW 500,000 by credit card (J) as one-year membership fee, respectively, from H, who is a member of the aforementioned KND’s member. Defendant A and the Defendants paid KRW 500,000,000 by using the card settlement terminal of the said “F,” which is the credit card member store located in Busan Southern-gu G.

Accordingly, the Defendants conspired to make a transaction by credit card in the name of credit card merchant even though they are not credit card merchants.

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