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(영문) 대구지방법원 의성지원 2017.04.20 2017고단38
여신전문금융업법위반
Text

Defendants shall be punished by imprisonment for eight months.

However, it is against the Defendants for two years from the date of the conclusion of the judgment.

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 the provision of services, etc., in lending funds.

Nevertheless, the Defendants conspired to commit an act of tinking in the name card in a manner of financing 80% of the settlement amount to the card holder after making payment by pretending the sale of goods or provision of services to those in need of urgency for casino entry in the Gangwon-gu, Gangwon-gu, Gangwon-do.

Accordingly, on April 3, 2016, the Defendants settled KRW 1.5 million from the card name at the request of the card-holder in the Hanwon-gun, Seowon-gun, Seowon-gun, Seowon-gun, the Defendants settled the total amount of KRW 298,725,00 in total by pretending the sale of goods or the provision of services, etc. over a total of 209 times from October 11, 2016, and paid KRW 85% of the card amount.

Accordingly, the Defendants conspired to sell goods or provide services, thereby making financing by means of a credit card transaction or by acting as an agent.

Summary of Evidence

1. Defendants’ legal statement

1. A written accusation;

1. Application of Acts and subordinate statutes on a copy of credit card sales slips and account transaction details;

1. The Defendants of the relevant legal provisions and the choice of punishment concerning the facts constituting an offense: Article 70 (3) 2 (a) of the Act on Specialized Credit Financial Business and Article 30 of the Criminal Act;

1. Defendants who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: The period of the instant crime for sentencing under Article 62-2 of the Criminal Act is long, the frequency and amount thereof are not much, and the Defendants lose their normal judgment ability due to gambling.

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