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(영문) 부산지방법원 2018.09.19 2018고정1261
여신전문금융업법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No one shall make a transaction by credit cards, or have another person make such transaction by proxy in excess of the actual sales amount or the actual sales amount of goods and services, etc., or arrange or arrange such transaction by proxy.

The Defendant, without registering a business operator or registering a member store with a credit card company, was willing to subscribe to the “Stopbook”, which is a system that gives virtual member numbers to obtain credit card payments without registering a credit card company, by pretending that the virtual member store established as above sells goods to credit card holders, and was willing to pay the price of goods with a credit card and to use funds by making a re-deposit in the way of receiving payment excluding fees.

On December 20, 2016, the Defendant, using the aforementioned system installed in the mobile phone around Busan (hereinafter referred to as the “C”), made payments by credit card (C) as if he/she sold food equivalent to KRW 300,00,00 from the virtual franchise store established in the mobile phone, and provided loans to B after deducting fees from the fee at that time. From August 7, 2017, the Defendant pretended as if he/she sold goods to credit card members on a total of 30 occasions, such as the credit card payment statement in the attached Form, and received a credit card and received a credit card deduction amount, thereby making loans by pretending the sales of goods.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A report on investigation;

1. Application of the CD-related Acts and subordinate statutes that store credit card settlement details;

1. Relevant Article 70 of the Act and Article 70 (3) 2 (a) of the Act on Business of Financial Services Specializing in Granting credits and punishment for facts constituting an offense;

1. Articles 70 and 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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