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(영문) 수원지방법원 2017.07.21 2017고단2707
여신전문금융업법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No one shall make a transaction by credit cards in the name of another credit card merchant;

On March 11, 2016, the Defendant: (a) at the office of E agricultural partnership operated by D in Seocho-gu Seoul, Seocho-gu, Seoul; (b) lent a credit card terminal in the name of “G” established by F with the permission of F to use the name of G credit card member stores; and (c) from March 11, 2016 to June 30, 2016, the Defendant prepared a credit card sales slip in the name of other credit card member stores in the name of Seoul and Gyeonggi-gu, in total amount of KRW 187,503,248, as shown in the list of crimes in the attached Table of Crimes, and traded by using the name of other credit card member stores.

2. No one shall lend money by means of a credit card or making another person lend money by pretending the sale of goods or the provision of services, etc. or in excess of the actual sales amount;

On April 15, 2016, the Defendant prepared a false sales slips equivalent to KRW 1,150,000 as if he purchased the goods with H’s modern card (the membership number: I) and delivered to H an amount obtained by deducting the commission, and made a financing by pretending to sell the goods, regardless of the fact that he did not sell the goods to H.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against F or D;

1. A statement prepared by H;

1. Investigation report (suspect A telephone investigation) and internal investigation report (on-site inspection);

1. Data replies to financial institutions (detailed statement of account transactions with the National Bank);

1. Application of Acts and subordinate statutes to evidentiary materials;

1. Article 70(3)3 and Article 19(5)3 (a) of the Act on Business of Financial Services Specializing in Extension of the Punishment and Punishment for Crime-Related Crime-Related Matters (a comprehensive credit card transaction using the name of another credit card merchant, choice of imprisonment, etc.) and Article 70(3)2 of the Act on Business Specializing in Credit-Related Matters.

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