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(영문) 서울중앙지방법원 2020.03.20 2019고정2912
여신전문금융업법위반등
Text

Defendant shall be punished by a fine of three million won.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

1. No person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining any authorization or permission from the competent authorities shall make a payment of the total amount of contributions or an amount in excess thereof in the future from many and unspecified persons, and receive any contribution;

Nevertheless, around February 25, 2016, the Defendant explained the “C” office located in B and 2 in Gwanak-gu, Seoul Special Metropolitan City, to the victim D, and explained that “If 1.2 million won is invested in the Han-gu unit in operating the E, 1.4 million won per day, 40,000 won will be given a total of 2.4 million won per day, and if profits accrue, 1.1 million won will be given by the victim, and received from the victim and received 1.1 million won without delay.

2. No person who violates the Specialized Credit Financial Business Act shall make a transaction by credit cards, in excess of the actual amount of sales of goods or provision of services, etc. or by making another person make a loan by proxy; and

Nevertheless, the Defendant, at the time and place specified in Paragraph 1, received investment funds in marina operation business as stated in Paragraph 1 at the time and place, and sold goods equivalent to the same amount by credit card in the name of D, instead of paying in cash, sold goods with a credit card in the name of D, leading the sale of goods without real transactions to make a financing by means of credit card.

Summary of Evidence

1. Defendant's legal statement;

1. Requesting an enterprise suspected of receiving the same kind of fund or requesting the cooperation in investigation by an enterprise suspected of receiving the same kind of fund;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Relevant legal provisions concerning facts constituting an offense, Article 70 (3) 2 (a) of the Specialized Credit Finance Business Act (the point of transaction of the credit card on the sale of goods), Articles 6 (1) and 3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission, and selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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