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(영문) 서울북부지방법원 2016.05.27 2016고단1252
여신전문금융업법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 27, 2013, the Defendant registered (D) a business operator in the electronic commerce business (e.g., Li-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si-gu Seoul Metropolitan Government Apartment-gu (hereinafter “C”), and opened a credit card member store with the same trade name after making the business place around March 7, 2014. The Defendant shall not lend the name of the credit card member store to another person.

Nevertheless, on November 27, 2013, the Defendant: (a) around November 27, 2013, the Defendant borrowed a credit card settlement terminal opened in the name of “C” from Seongbuk-gu Seoul Metropolitan Government to receive 7% of the payment amount of the credit card in the name of the account; and (b) lent the credit card settlement terminal opened in the name of “C” to I from that time to July 24, 2014; and (c) issued a sales slip equivalent to KRW 242,715,00 in total, as in the list of crimes (1), (2) of the list of crimes in attached Form 242,715,00.

Accordingly, the defendant lent the credit card merchant name to the above I.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Article 70(4)6 and Article 19(4)4 of the Act on Special Cases concerning Financial Business (Amended by Act No. 13068, Jan. 20, 2015; hereinafter “Special Cases concerning Financial Business”) specializing in the provision of the relevant Act on criminal facts and the old lending of a sentence, and the selection of imprisonment, etc.

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Sentencing guidelines: Imprisonment with prison labor for a period of ten months, suspension of execution, observation of protection, community service work and a person whose name is increased by 320 hours: A person who has been sentenced to imprisonment with prison labor for a period of ten months: A person who has been sentenced to imprisonment with prison labor for a period of ten months, suspension of execution, observation of protection, provision of social service: A person whose name is increased by 320 hours: A person who has been presumed to have neglected to lend the name of a member store to a sexual traffic business establishment, a person who has been presumed to have failed to receive a large amount of criminal proceeds, a person who has been reduced, such

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