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(영문) 수원지방법원 성남지원 2012.09.07 2012고정1013
여신전문금융업법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is a person who operates the main points with the trade name, i.e., the Sinnam-si of the Gyeonggi-si.

No credit card merchant shall lend his name to another credit card merchant.

On January 30, 2012, the Defendant: (a) around 01:37, at the main point of the “C”, lent the name of the credit card merchant to another person by paying KRW 700,000 in the name of the said “C” with the name of the customer F, upon the Defendant’s request by E operating the main point of “D” with the name of “D” instead of the customer F’s credit card payment.

2. The Defendant and the defense counsel asserted that, in the case of this case, E, who was known at the time of the operation of the usual same kind of business, requested the payment of alcoholic beverages to customers by using the Defendant’s store device, and if so, the Defendant only allowed the payment of alcoholic beverages to customers. Thus, the Defendant did not intend to lend the name of the credit card merchant to the Defendant, and even if not, it did not violate the social rules.

Article 19(4)4 of the Specialized Credit Financial Business Act provides that "a lending of the name of credit card merchant to another person" shall be deemed as one of the acts prohibited by credit card merchants. In light of the overall purpose and purpose of the Specialized Credit Financial Business Act, in order to constitute a name lending prohibited by the above provision (as the Act was repealed on January 1, 1998 and was newly established by the Specialized Credit Financial Business Act, the above provision was newly established), the motive and reason why the transaction was conducted in the name of the credit card merchant at issue, the degree and duration of the lending of the name is repeated and continued.

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