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(영문) 광주지방법원 2016.06.23 2016고단1236
여신전문금융업법위반
Text

Defendants shall be punished by imprisonment for six months.

However, the execution of each of the above penalties for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who operates “D”, and Defendant B is a person who operates “E” to sell environment-friendly agricultural products.

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

Nevertheless, from August 25, 2014 to September 2, 2015, the Defendant lent D’s credit card terminals to B to obtain a loan from the Small and Medium Enterprise Promotion Agency by raising the Defendant’s sales performance in the “E” located in Gwangju Dong-gu, Gwangju, thereby allowing them to conduct credit card transactions worth KRW 690,946,00 for the said period.

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

2. No person, other than Defendant B credit card member stores, shall conduct a transaction by credit cards in the name of a credit card member store;

Nevertheless, the Defendant received a credit card device of “D” from “D” at the time, place, and upon the request of the above A, and received the credit card device of “D” from “D”, and committed an act of credit card transaction equivalent to KRW 690,946,00.

Accordingly, the defendant made a credit card transaction using the name of another credit card merchant.

Summary of Evidence

1. Defendants’ respective legal statements

1. The statement in G during the interrogation protocol of the suspect against the defendant A by the prosecution;

1. Details of sales of credit cards;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 70 (4) 6, and Article 19 (5) 4 (generally, the choice of imprisonment) of the Act on Specialized Credit Financial Business: Articles 70 (3) 6 and 20 (2) (generally, the choice of imprisonment) of the Act on Specialized Credit Financial Business;

1. Article 62(1) of the Criminal Act, which provides a suspended sentence (the Defendants)

1. The Defendant’s credit card trading period for sentencing of Article 62-2 of the Social Service Order (the Defendants) is not shorter than one year, but not more than one year in total, and the transaction amount is more than 690,946,000 won.

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