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청주지방법원 충주지원 2017.08.29 2017고단558
여신전문금융업법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is a person who operates a singing practice hall in Chungcheongnam-si, and Defendant B is a person who directly operates the E convenience store in the same building in his/her name from February 18, 2016 to August 22, 2016, and who actually operates the E convenience store in his/her name from August 30, 2016 to September 21, 2016 in his/her name.

1. No defendant A credit card merchant shall conduct a transaction by credit cards in the name of another credit card merchant;

On February 18, 2016, the Defendant settled KRW 87,00 with a non-name-based credit card (credit card number (G) issued by customers in the name of the above D Sing practice site. In the process of settling the price of KRW 87,00, the Defendant, without settling in the name of the Defendant and the above Sing practice site and paying the price through the terminal system in the name of B and E store, from that time until September 21, 2016, he/she conducted a transaction by using the credit card in the name of B and F, as shown in the list of crimes in the attached Table of Crimes, for a total of KRW 103,981,00,000, up to September 21, 2016.

2. No credit card merchant of defendant B shall lend the name of a credit card merchant to any third party;

In the course of operating convenience stores from around February 18, 2016 to September 21, 2016, the Defendant had a credit card merchant name in the name of the Defendant and F, as described in paragraph (1), allow A to settle accounts at a singing practice place, thereby lending the name of a credit card merchant, as described in the list of crimes, to another person.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of suspect with respect to F;

1. A written accusation by the head of the competent tax office;

1. On-site inspection reports;

1. A receipt for singing practice place;

1. Application of E Postal Card Approval List (B, F) statute;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A.