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(영문) 광주지방법원 순천지원 2018.03.29 2017고단2602
여신전문금융업법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

Defendant

A operates the beauty art room in the name of "E" from Do, Do, 1st floor, and Defendant B is a person who has registered a seller of cosmetics, etc. in the trade name of "F" while serving as a beauty artist at the same place.

1. On October 14, 2017, Defendant A provided 140,000 won to customers who are not aware of the name, etc. in the beauty art room and traded by using the name of the said “F” credit card merchant in the name of the said “F” credit card store.

In addition, the Defendant, as indicated in the list of crimes in the attached Form, traded by using the above “F” name, which is another credit card merchant, when paying KRW 184,016,00 for the total amount of KRW 5,624 times from December 1, 2012 to October 14, 2017.

2. While Defendant B was prohibited from lending the name of credit card member store to another person, Defendant B lent the name of “F” credit card member store, which he was the business operator, to the same person as that of the preceding paragraph.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. Application of Acts and subordinate statutes to a simplified taxable person: (F) a return of value added to a simplified taxable person;

1. Defendant A of the relevant Act on criminal facts: Articles 70 (3) 3 and 19 (5) 3 (including comprehensive) of the Act on Specialized Credit Financial Business: Defendant B: Articles 70 (4) 6 and 19 (5) 4 (including comprehensive) of the Act on Specialized Credit Financial Business;

1. The Defendants’ choice of punishment: Imprisonment with prison labor

1. The Defendants subject to suspended execution: (a) consider the nature of the instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act; (b) the background leading up to the instant crime; (c) the period and scale of the instant crime; and (d) the Defendants were first offenders; (c) Defendant B paid taxes; (d) the place of business in his/her name was discontinued; (e) the Defendants’ failure to engage in the business; and (e) the Defendants reflects the mistakes; and (e) other various sentencing conditions as indicated in the records and changes of the instant

(b) for more than one year.

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