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(영문) 서울중앙지방법원 2018.05.02 2018고단1635
여신전문금융업법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

No one shall make a transaction by credit cards, or make a transaction by credit cards acting as an agent, or make a transaction by credit cards in excess of the actual amount of sales of goods or provision of services, etc., or make a financing or arrange such financing.

The Defendant, at a monthly intervals of KRW 500,000, registered the business operator for adult product stores in the name of “C” from B, and opened a credit card merchant in the above trade name, and intended to recruit people who need financing without actually selling goods or providing services, and then make a so-called “ card tin” business that trades with credit cards in their names and lends funds.

On April 26, 2006, the Defendant prepared a sales slips of 600,00 won with a modern credit card in the name of E, as if he provided goods or services to E even though he did not provide goods or services, and provided funds to E by means of paying the remaining amount after deducting 10% or 12% of the above amount from the above amount from the above amount. From around that time to November 1, 2006, the Defendant prepared a false sales slips of 97,810,000 won in total 288 times in total, as shown in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A statement made to the defendant in B during the police interrogation protocol;

1. A protocol concerning the interrogation of each police officer under B;

1. Application of an accusation, a local confirmation report on credit cards, the details of use by credit card company, and a copy of a confirmation of transactions;

1. Article 70(2)3 of the former Specialized Credit Finance Act (amended by Act No. 7929, Apr. 28, 2016); the choice of imprisonment for a crime

1. The sentencing of Article 62(1) of the Criminal Act is based on suspended execution.

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