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(영문) 제주지방법원 2019.05.17 2018고단2178
여신전문금융업법위반
Text

1. Defendant A shall be punished by a fine of 10 million won;

If the above defendant does not pay the fine.

Reasons

Punishment of the crime

Defendant

A operated the “D” restaurant in Seopopo City C, and Defendant B operated the “E” store at the same place.

No credit card merchant shall conduct a transaction by credit cards in the name of another credit card merchant nor lend his/her name to another credit card merchant.

1. Defendant A traded the total amount of KRW 325,653,247 by credit card using the name of “E” operated by Defendant B when a customer who found at a “D” restaurant from January 1, 2013 to November 24, 2014 makes a payment by credit card.

2. Defendant B lent the name of “E” operated by Defendant B when Defendant B pays the meals of customers by credit card at the time and place specified in paragraph (1).

Summary of Evidence

1. Each statement made by the Defendants in this Act

1. Statement of the suspect interrogation protocol as to Defendant B prepared by the public prosecutor;

1. Each statement of each protocol of examination of suspect against the Defendants in the police preparation

1. Statement on the F of the police preparation;

1. Statement of investigation report prepared by the prosecution (report on confirmation of the basis of calculation in the amount of 325,653,247 won used illegally for the terminal of this case);

1. A statement (including attached documents) of investigation report on police preparation (the details of the use of another card terminal for the relevant period of time);

1. Application of Acts and subordinate statutes to the statement of accusation (including attached documents) prepared by the director of the Jeju Tax Office;

1. Each point of Article 70 (3) 3 of the Specialized Credit Finance Business Act and Article 19 (5) 3 of the Specialized Credit Finance Business Act (Selection of Fines): Comprehensively, each point of Article 70 (4) 6 of the Specialized Credit Finance Business Act and Article 19 (5) 4 of the Specialized Credit Finance Business Act (Selection of Fines);

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act.

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