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(영문) 서울남부지방법원 2016.07.20 2016고단322
여신전문금융업법위반
Text

Defendant

A shall be punished by imprisonment of six months and fine of three thousand won, and imprisonment of one year and fine of six thousand won, respectively.

Reasons

Punishment of the crime

No person shall make a transaction by credit cards in pretending the sale of goods or the provision of services, or make a credit card holder make a loan to purchase goods or services at a discount, etc., or arrange for such loan by means of purchase by credit cards.

Nevertheless, Defendant A (one person referred to as “H”), one person in a name (one person referred to as “I”), and J may provide loans to the credit card limit in their possession with the trade name of “K,” etc.

The purchase amount of the goods will be loaned by settling the goods with the card.

In the way of advertising as “A” and delivering to Defendant B a credit card with the amount to be approved, Defendant B, etc., the said recruited credit card is delivered to the actual holders of the card, such as L, etc., and L, etc., by means of pretending that the card holders purchased the goods using the above delivered card, and then deliver 8% of the credit card settlement price to Defendant B with the amount to restrict the payment of 1.5% of the payment of the credit card under the name of brokerage commission. Defendant B sent money to Defendant A (hereinafter “H”), name name name name name name name name name name name (hereinafter “H”), and J respectively, and Defendant A (hereinafter “the first name”), name name name name (hereinafter “I”), and J restricted 0.5-1% of the payment of the credit card to the person who requested the credit card, under the pretext of brokerage commission.

1. Defendant B, name omitted (one name “I”), and L’s joint crime committed with L (one name “I”), and the name omitted (one name “I”) of December 6, 2013, in collusion with L, shall receive four credit cards recruited through K and deliver them to Defendant B. Defendant B shall request L to “tin of a card” in the name of “K”, and L shall pay for the goods of KRW 15,100,000, and then deliver the restricted amount of his fee to Defendant B. Defendant B shall limit his fee.

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