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(영문) 서울서부지방법원 2020.06.23 2020고단756 (1)
여신전문금융업법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a music record wholesale and retail business with the trade name called "D (former trade name: E, business number: F)" from the 1st underground floor of the Mapo-gu Seoul building, Mapo-gu, and G is a person who operates a music record wholesale and retail business with the trade name called "H dispute resolution committee" and the defendant and G

No one shall lend funds by pretending the sale of goods or the provision of services, etc.

Nevertheless, as G had experienced difficulties in raising funds by the H-based L-based L-based L-based L-based L-A-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-

On November 22, 2017, the Defendant, upon the request of G, sold sound records in D and settled the price, from around 22, 2017 to around 28,80,000 won with the credit card in the name of the said D credit card terminal, etc. using the said D credit card terminal, until June 24, 2019, the Defendant paid a total of KRW 301,50,000 in total over 12 times, as described in the attached list of crimes, and transferred the said credit card amount from the credit card company to H resolution.

In this respect, the defendant made a financing by pretending the sale of goods or the provision of services.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect of G;

1. Application of Acts and subordinate statutes on filing an accusation, a detailed statement of abnormal transactions by credit card cards, a report on confirmation of actual conditions of credit card transactions, and details of accounts transactions;

1. Relevant legal provisions concerning facts constituting an offense and Article 70 (3) 2 (a) of the Specialized Credit Finance Business Act that selects a penalty (to select imprisonment with prison labor);

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

1. Article 62 of the Criminal Act:

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