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(영문) 서울남부지방법원 2016.10.06 2016고단3890 (1)
여신전문금융업법위반
Text

Defendant

K Co., Ltd. shall be punished by fine of KRW 8,000,000.

Defendant

H Exemption from punishment for H

Reasons

Criminal facts

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

A. From April 2013 to August 2013, A, a real operator of the Defendant for the violation of the Specialized Credit Financial Business Act that has transacted with a credit card using the H’s name, substantially operated Defendant K&A, a credit card merchant, at the J Station underground shopping districts located in Eunpyeong-gu Seoul Metropolitan City from around April 2013 to around August 2013, trading approximately KRW 8,6322,00 in total sales by credit card in the sum of the credit card terminals of the credit card member stores in the name of H, “D” in selling bread, etc. to customers and settling the price.

Accordingly, A, the actual operator of the defendant, made a transaction by credit card using the name of H, which is another credit card merchant in relation to the defendant's business.

B. From August 2013 to February 2015, A, a real operator of the Defendant for the violation of the Specialized Credit Financial Business Act who has transacted with a credit card using L’s name, substantially operated Defendant K stock company, a credit card merchant, in J Station underground stores located in Eunpyeong-gu Seoul, Seoul, and traded approximately KRW 29.87 billion in total sales by credit card sales via the credit card merchant’s credit card store in the name of “M” in selling bread, etc. to customers and settling the payment.

Accordingly, A, the actual operator of the defendant, made a transaction by credit card using the name of L which is another credit card merchant in relation to the defendant's business.

C. A, a real operator of a defendant violating the Specialized Credit Financial Business Act who has transacted with a credit card using the N’s name, actually operates the defendant K corporation, a credit card merchant, at the Jan Underground Business Center located in Eunpyeong-gu Seoul, from November 2014 to March 2015, while making a practical operation of the defendant K corporation, a credit card merchant.

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