2012 Highest 4277 Violation of the Specialized Credit Finance Business Act

A

In case of leins (prosecutions) and in case of a trial, the court shall hold a trial.

Law Firm B

C. Attorney C.

February 5, 2013

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

Criminal facts

No person shall make a financing or arrange for such financing by means of pretending to sell goods or provide services, or by means of credit card transactions in excess of the actual sales amount.

The defendant was provided with a credit card, password, identification card copy, etc. of the applicant for the self-financial center ("defence card") through door-to-door or Kwikset service from D, and received a credit card request from the member store to receive approval by pretending to trade goods from the member store.

The Defendant delivered the credit card, etc. of the applicants for the self-financial services requested from the above D, etc. to a member store with one’s own transactional relationship, and made the said member store to prepare and approve a false sales slip as if the applicants for the self-financial services purchased goods with the credit card normally. The above D et al. had the intent to obtain a false sales slip from 13% of the credit card sales amount to 15% of the sales amount, and the Defendant deducted the amount equivalent to 1% of the sales amount from each fee and paid the remainder to the applicants

Thus, the Defendant, at around March 3, 2008, delivered EL cards, etc. under the name of the applicant for self-financial services from the above D, etc. to Kwikset service, and arranged for financing by pretending to sell goods or provide services in total amount of KRW 4,732,492,67 won from January 30, 2008 to May 27, 201, as shown in the separate crime list, as shown in the separate crime list, as if he actually purchased goods at the mutual in the mutual influent franchise store in which the Defendant traded with the above E credit card.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of a police officer against F, G, H, I, or D;

1. Statement of police statement in relation to J, K, L, M, N,O, P, and Q;

1. A copy of a forwarding document;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 70(2)3 (a) of each Specialized Credit Finance Business Act (amended by Act No. 9459, Feb. 6, 2009); Article 30 of the Criminal Act (Notice of Good Faiths No. 1 through 622) 1 of the Criminal Act; Article 70(2)2 (a) of each Specialized Credit Finance Business Act; Article 30(2)2 (a) of each Specialized Credit Finance Business Act; Article 30 of the Criminal Act (attached Table No. 623 through 1097, each act of good faiths through one’s own financing), each option of imprisonment

1. Aggravation for concurrent crimes;

The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act committed the crime of this case even though the defendant had been sentenced to a fine of KRW 10 million on September 28, 2007 due to the violation of the Specialized Credit Financial Business Act on September 28, 2007. The defendant committed the crime of this case for more than three years. The defendant's crime period is more than three years, the number of crimes is more than KRW 1,097, and the amount illegally financed is more than KRW 4.7 billion, and there are many cases where the person financing a simple loan using card tin has no credit generally available for normal loans. Thus, the credit card purchase claim arising from card tin, such as the crime of this case, is highly likely to become non-performing loans compared to the credit card purchase claim. The defendant committed the crime of this case with a large amount of damages, and the defendant committed the crime of this case for more than 1,700,000 won after being sentenced to a fine of this case.

It is so decided as per Disposition for the above reasons.

Judges Song Dong-jin

1) The Defendant’s crime constitutes one of the crimes committed each by himself/herself (see, e.g., Supreme Court Decision 2000Do3559, Jun. 12, 2001).