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(영문) 대구지방법원 서부지원 2017.08.11 2017고정407
여신전문금융업법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On June 5, 2016, the Defendant is a credit card member store that entered into a credit card merchant agreement and installs a credit card terminal in the course of operating an interior firm under the trade name of "C" in Daegu-gu, Daegu-gu.

A credit card merchant shall not lend its name to another credit card merchant.

Nevertheless, from June 2016 to February 2017, the Defendant installed a credit card terminal in the name of the Defendant’s wife E in Daegu Suwon-gu, and had E settle the total amount of KRW 89,977,000 in the sales of the said “C” with the credit card terminal in the name of the said “C”.

Accordingly, the defendant lent his name as a credit card merchant to another credit card merchant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A written accusation;

1. Application of statutes on the details of credit card sales;

1. Article 70 (4) 6 and Article 19 (5) 4 (Selection of Penalty) of the Act on Business of Financial Services Specializing in Crediting the relevant Act on criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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