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(영문) 수원지방법원 성남지원 2017.05.10 2016고단3411
여신전문금융업법위반
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of ten million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No one shall make a transaction by credit cards or have another person do so on his/her behalf by pretending the sale of goods or provision of services, etc. or in excess of the actual sales amount.

Nevertheless, the Defendant, upon registering a credit card merchant in the name of “B” and settling accounts in the name of “C”, conspired to recruit persons subject to “C” and to enter a credit card terminal in order to make payments by holding the so-called “C-based tin.” On November 23, 2015, the Defendant was aware that at around 17:13, in the new forest station located in Gwanak-gu, Seoul Special Metropolitan City, the Defendant would be able to make cash loans from the branch in the credit card, and that there was no substantial sale of goods or services. However, even if the Defendant did not provide D with a new credit card store in the name of “B,” the Defendant would arrange to make payments of KRW 3.5 million, and then delivered KRW 3.5 million to D with the credit card company from November 14, 2015 to December 23, 2015, the Defendant made a total of KRW 407,7500,7500,000 in the same way as the credit card company’s.

Summary of Evidence

1. Statement by the defendant in court;

1. The details of transactions of deposits and withdrawal, and B credit card transactions;

1. Application of Acts and subordinate statutes of current financial transit transactions, self-inspection results related to current financial transit transactions, and B tax reference data;

1. Article 70 (3) 2 (a) of the Act and Article 30 of the Criminal Act of the Financial Business Specializing in Crediting for Criminal facts;

1. Selection of a sentence of imprisonment and a fine concurrently (Article 70 (8) of the Act on Business of Financial Services Specializing in credit);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is difficult to lend in normal terms.

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