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(영문) 대법원 2016.07.22 2016도5399
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Article 20 (1) of the former Act on Specialized Credit Financial Business (amended by Act No. 9459 of Feb. 6, 2009) shall not transfer sales claims arising from transactions by credit cards to any person other than credit card companies, and no person other than credit card companies shall take over such claims.

Article 20(1) of the former Act on Financial Business Specializing in Credit (amended by Act No. 13068, Jan. 20, 2015) provides that “A credit card merchant shall not transfer bonds arising from transactions with a credit card (including sales credits held with a credit card company) to any person other than the credit card company, and no person other than the credit card company shall transfer them.

“......”

Article 15(5) of the former Credit Card Business Act, amended by Act No. 4290 of Dec. 31, 1990, was first stipulated as one of the “matters to be observed by credit card merchants.” However, Article 15-2 of the former Credit Card Business Act, amended by Act No. 4699 of Jan. 5, 1994, provides that “the prohibition of transfer of sales slips” under Article 15-2 of the former Credit Card Business Act “the prohibition of transfer of sales slips,” separately from Article 15 of the former Credit Card Business Act, was amended to prohibit transfer of sales bonds itself, and thereafter, Article 20(1) of the former Credit Card Business Act, promulgated by Act No. 5374 of Aug. 28, 1997, which prohibits transfer of sales bonds, separately from the matters to be observed by credit card merchants, to the present.

In full view of the legislative intent, history, text, etc. of each of the above provisions to maintain credit order by preventing claims arising from credit card transactions from becoming subject to monetary transactions, the latter part of the above provisions shall be the persons other than credit card companies.

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