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(영문) 서울중앙지방법원 2019.08.13 2019고단3211
여신전문금융업법위반
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of "B" for the purpose of the manufacture, sale, etc. of medical doctors.

No one shall lend the name of a credit card merchant to another person.

Nevertheless, on June 2017, the Defendant had been willing to pay the sales price of credit card with the Defendant’s husband C, which was run by the Defendant’s husband C, by means of seizure by creditors, for the purpose of raising living expenses and operating expenses of the hospital, the Defendant used the Defendant’s place of business to pay the sales price of credit card with the above sex outdoor.

On June 20, 2017, the Defendant: (a) lent the name of B credit card merchant opened by the Defendant from Suwon-si E and F to pay KRW 50,000; and (b) around that time, from around July 18, 2018 to around July 1, 2018, the Defendant required to pay KRW 41,654,00 in total.

Accordingly, the Defendant lent the name of credit card merchant to another person.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to an accusation or a credit card disguised examination;

1. Article 70 (4) 6 and Article 19 (5) 4 of the Specialized Credit Finance Business Act concerning facts constituting an offense, the selection of fines, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order does not commit the instant crime for the purpose of obtaining illegal profits from tax evasion, etc., and since the Defendant committed the instant crime for her husband who is in an excessive condition of tax evasion, etc., there are extenuating circumstances to consider the motive for the instant crime, the Defendant recognizes the initial offender and the mistake and reflects it, and all other circumstances constituting the conditions for sentencing as indicated in the instant case, the sentence shall be determined as ordered by the Disposition, taking into account the following circumstances

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