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Defendant
A A A Administrative Partnership shall be punished by a fine of KRW 5,00,000, Defendant B shall be punished by imprisonment for eight months, and Defendant C shall be punished by a fine of KRW 5,00.
Reasons
Punishment of the crime
"2016 Highest 5345"
1. Violation of Acts in financial business specializing in credit;
A. The Defendants’ identity, character, and public offering relation are Defendant A’s agricultural partnership corporation and the representative director of the OE in Yeongdeungpo-gu Seoul Metropolitan Government N, Defendant A’s agricultural partnership is an enterprise established for the loan of “non-member of a card tin” in the agricultural and fishery distributor or in fact, and both P branch offices and OE are credit card merchants.
No person shall make a transaction by credit cards, or have another person do so by proxy, in excess of an actual sales amount of goods or provision of services, etc. or in excess of an actual sales amount
Nevertheless, the Defendants conspired with the name Q, R, and S to establish a floating corporation and enter into a credit card merchant agreement with the credit card company and to make a credit card holders in need of cash a loan by pretending to sell goods after receiving a certain amount of fee, and then planned an overall crime. Defendant B established a floating corporation for the purpose of committing the “tin-opener” and registered as the representative director after the establishment of the floating corporation. Defendant C, one-person R, and S agreed to play the so-called “diver” role that actually provides funds to persons in need of cash by using the mobile credit card terminal registered in the name of the above company.
B. On March 27, 2015, Defendant B provided financing of KRW 3,000,00,000, which was 8% after having settled 3,00,000 via a credit card terminal in the name of the P Branch of A Agricultural Cooperative P, and then deducted 8% of the fee, at the event near the station of subway 2, the subway station located in 152, the Hague-ro, Gangnam-gu, Seoul, Seoul, for the purpose of financing from T, the Defendant provided financing of KRW 2,760,00,00, to T by means of a credit card terminal in the name of P Branch.