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(영문) 대구지방법원 2013.06.27 2013고단2852
여신전문금융업법위반
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A defendant shall be punished by imprisonment for not less than eight 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

In collusion with the Defendant, the Defendant had a business registration for an entertainment tavern and a credit card merchant under the name of the Defendant, and had a credit card merchant under the name of another entertainment tavern in the vicinity, with a fee collected.

Accordingly, the Defendant started to run an entertainment drinking house business under the name of the “D” in the name of the “Ucheon-gu Seoul Building 203”, and opened a business registration and a credit card merchant under the name of the Defendant, and the name B was in charge of managing a deposit passbook under the name of the Defendant whose credit card sales amount of a business establishment is deposited from the credit card company, and transferring the credit card sales amount to the nominal borrower.

Thus, the Defendant and Sung-sung B, on April 26, 201, permitted to prepare sales slips in the name of "D" rather than the above E branch in the settlement of 1,240,000 won to the E branch in the Dong-dong, Seocheon-si, Seocheon-si, Seocheon-si.

In addition, the defendant, in collusion with sex B, from January 27, 201, the same year from January 27, 201.

5. From the end of 30.30 to the end, the name-free business owner, who operated entertainment taverns such as E and G, made a total of KRW 718,019,380, and lent to another credit card merchant name by having another credit card merchant enter sales slips equivalent to KRW 718,019,380, a total of 1,894 times, such as entry in the list of offenses (1) through (6).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Each investigation report (the counter party of the credit card payer);

1. Specified financial transaction information;

1. One copy of financial transactions;

1. A statement of card settlement in excess of one million won;

1. Application of Acts and subordinate statutes of Part VI of the credit card approval details;

1. Relevant Article of facts constituting an offense, Articles 70 (3) 6 and 19 (4) 4 of the Specialized Credit Finance Business Act, and Article 30 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is committed against credit card merchants.

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