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(영문) 전주지방법원 2017.06.07 2017고단550
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant is the actual operator of D and F in 161 of the same E commercial building in the Jeonju-si Seoul Special Metropolitan City, and D and F are both credit card member stores.

No person shall lend funds by pretending a transaction by credit cards without selling goods or providing services.

1. Around June 14, 2016, the Defendant committed the crime related to D: (a) around 10:37, 2016, the Defendant provided a false sales slip of KRW 29,250,000 in total on 21 occasions from around that time to September 23, 2016; (b) provided a false sales slip of KRW 29,250,000 in total, and provided a credit card sales slip of KRW 5% deducted the commission for each credit card sales, as if the Defendant sold goods to the card holders, even though there was no fact that the Defendant sold goods, such as agricultural products, to the card holders.

2. On May 7, 2015, the Defendant: (a) around 15:38, 2015, and (b) around 15:38, the Defendant offered financing by means of a credit card transaction in the first place with a modern card, as if he sold goods to the card holders, even though there was no fact that he sold goods such as agricultural products, etc.; (c) as if he sold the goods, he prepared a copy of the sales slip of KRW 1,00,000 with a false sales slip of KRW 5% of the sales amount; and (d) from around that time to September 1, 2016, the Defendant provided the card holders with cash payments after deducting approximately KRW 5% of the sales amount from the sales amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written accusation;

1. On-site inspections of each credit card merchant;

1. Each written confirmation;

1. A detailed statement of approval of credit cards by date of transaction;

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