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(영문) 수원지방법원 2018.04.26 2018고단646
여신전문금융업법위반
Text

Defendant

A Imprisonment for 4 months, Defendant B shall be punished by a fine of 2.5 million won, and Defendant C shall be punished by a fine of 2.5 million won.

Reasons

Punishment of the crime

1. Defendant A is the representative director of corporation B, the purpose of which is to promote E, food and beverage retail business, etc., for the interest of the representative director of corporation B, the F building G, H-ho, I-ho food and beverage retail business, etc. of corporation C (formerly changed Mutual Co., Ltd.) for the purpose of the F building G, H-ho, I-ho food and beverage retail business, etc.

(a) No credit card merchant used in the name of B member stores of a stock company C shall conduct transactions by credit cards in the name of another credit card member store;

Nevertheless, from July 14, 2017 to October 31, 2017, the Defendant: (a) installed a credit card terminal (ID) installed in Company B, and settled total amount of KRW 250,940,000,00 for food payments, when the “J”, a trade name prior to the change, was unable to use a credit card terminal due to trademark dispute at the place of business of Sungnam-si, Sungnam-si; (b) installed a credit card terminal (ID) installed in Company B; and (c) settled the amount of KRW 250,940,00.

Accordingly, the Defendant traded by credit card in the name of another credit card merchant.

(b) No credit card merchant shall lend the name of a credit card merchant under the name of B member store to any third party;

Nevertheless, the Defendant lent the name of the chain store B, a credit card merchant, to C from July 14, 2017 to October 31, 2017, and had C, a credit card merchant, issued a sales slips worth KRW 250,940,000 in total by using the name of the credit card chain store B, as described in the above paragraph (a).

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

2. Defendant B, a representative director of the Defendant, committed the same offense as the above 1-B in relation to the Defendant’s business.

3. The Defendant C, a representative of the Defendant, committed the same offense as the above 1-A in relation to the Defendant’s business.

Summary of Evidence

1. The defendant's person;

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