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(영문) 인천지방법원 2017.03.23 2016고단7155
여신전문금융업법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person operating the “C”, a business establishment located in the fifth floor of the Yeonsu-gu Incheon Metropolitan City building B.

No credit card merchant shall conduct a transaction by credit cards in the name of another credit card merchant.

From July 1, 2015 to June 13, 2016, the Defendant: (a) installed a credit card terminal in the name of the Defendant in the name of (State registration number F) E (business operator registration number F) that is located in the Incheon Bupyeong-gu D Building; and (b) paid a total of KRW 1,435 times over 1,46,641,00 by credit card transaction under the name of another credit card merchant, as indicated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Application of Acts and subordinate statutes on sales slips of credit cards and details of use of credit cards;

1. Relevant legal provisions and Articles 70 (3) 3 and 19 (5) 3 and 19 (5) 3 (general) of the Act concerning criminal facts, the selection of punishment for imprisonment with prison labor, and the following extenuating circumstances:

1. The crimes on the grounds of sentencing under Article 62(1)(hereinafter referred to as the following favorable circumstances) of the Criminal Act shall be sentenced to a suspended sentence for six months (one year) by imprisonment, taking into consideration the following factors: the period and accumulated amount of transactions; the status of a defendant; his status and character, criminal records, reflectivity;

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