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(영문) 수원지방법원 안양지원 2018.10.12 2018고단744
여신전문금융업법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant maintained a de facto marital relationship by combining judgment after divorce with C in 2003 and was actually divorced on September 1, 2012.

On January 3, 2013, the Defendant received 1 copy of the K non-national bank credit card (E) which was reissued in the name of C in lieu of C, which was delivered to the Defendant’s house located in Sanyang-si, Sanyang-si, Sanyang-si, Sanyang-si, and C, despite the Defendant’s duty to deliver the said credit card to C, the Defendant used the said credit card at his/her discretion without delivering it to C while keeping it for C.

On January 5, 2013, the Defendant purchased an mercules with the credit card embezzled as above and used 4,18,045,916 won in total from the time to August 17, 2017, including the payment of 10,600 won with the credit card embezzled as above, as indicated in the list of crimes in the attached Table.

Accordingly, the Defendant used embezzled credit cards.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Inquiries on cards;

1. A report on investigation (a list of crimes, etc. sent by police officers in charge of the case) and a list of crimes;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles 70 and 70 (1) 4 of the Act on the Financial Business Specializing in Granting credits to the determination of punishment for facts constituting an offense and Article 70 (1) 4 of the Act ( comprehensively: Imprisonment,

1. The period of use of credit card embezzled for the reason of sentencing under Article 62(1) of the Criminal Act is long-term and the total amount of use is very large.

However, the attitude of the defendant to recognize and reflect all crimes seems to be.

The defendant repaid the total amount of KRW 4180 million, which is equivalent to the total amount of KRW 40 million, and it seems that the amount of the non-payment will be up to KRW 32 million.

C, while living together with the Defendant, allowed the use of credit cards before re-issuance, and did not take any particular measures even though the Defendant asked for the overdue payment of the credit card re-issued from the Defendant on February 2016 after the de facto marriage is liquidated.

3.2

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