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(영문) 부산지방법원 2018.08.20 2018고정1135
여신전문금융업법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

No one shall make a transaction by credit cards, or have another person do so by means of making a transaction by credit cards, in excess of the actual sales amount or the actual sales amount, or mediate or arrange such transaction by proxy.

Nevertheless, on March 2017, the Defendant received a ID and password that allows the use of a credit card settlement platform by getting off the credit card settlement platform that was provided by the PS corporation on his/her mobile phone.

Using the settlement platform received from the Co., Ltd. Co., Ltd. Co., Ltd., as above, around March 8, 2017, the Defendant was paid an amount calculated by deducting the amount of 28,48,000 won in total from the credit card and the fee, which was deducted by 5.5% of the settlement price, by pretending to sell “cosmetic” with B’s credit card in the Defendant’s residence in the name of KRW 2,00,00,000, from the Defendant’s name, and by receiving payment from the Co., Ltd., and using it for personal purposes.

Accordingly, the defendant committed an act of financing funds by pretending the sale of goods or provision of services.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes reporting investigation results;

1. Financial business specializing in credit finance for criminal facts under Article 70 (3) 2 (a) of the Act;

2. Selection of an alternative fine for punishment;

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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