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(영문) 서울중앙지방법원 2013.10.17 2012고단5948
여신전문금융업법위반등
Text

A defendant shall be punished by imprisonment for four years.

The charge of violating the Punishment of Tax Evaders Act is acquitted.

Reasons

Punishment of the crime

[2012 Highest 5948] The Defendant, from August 6, 2007 to June 2008, operated D Co., Ltd., Ltd. established for the purpose of electronic commerce, electronic cupon issuing and selling electronic cuponing, and selling agency, jointly with E (the Cheongju District Court sentenced ten months to imprisonment at the Cheongju District Court on Jan. 28, 2010 as an accomplice violating the Specialized Credit Finance Business Act) and F (the Cheongju District Court sentenced eight months of imprisonment and two years of suspended execution to July 15, 2010 as an accomplice violating the Specialized Credit Finance Business Act). On Jun. 3, 2008, the Defendant established and operated H Co., Ltd. by the 6th floor of Seoul Gangnam-gu Seoul District Court for the purpose of electronic commerce, planning system planning, development and maintenance for informatization, and telecommunications business, etc. until Oct. 209. 2009.

1. The Defendant in violation of the Specialized Credit Financial Business Act actually operated the said Company D with E, and F is a person who was registered as a director in the name of the said Corporation upon the Defendant’s punishment.

The Defendant, along with E and F, sold points to general customers who are credit card users, and followed the settlement system that enables customers to pay points as cash at the time of settling goods payment from the point card merchant, and installed a credit card settlement terminal in the entertainment tavern. When customers settle the drinking value in the entertainment tavern, the Defendant entered the name of a stock company D and the relevant entertainment tavern name in the sales slip, and the business registration number, franchise store number, and franchise store number are recorded in the sales slip. In response, the Defendant used a credit card merchant loan business with intent to acquire approximately 13-14% of the credit card payment as a fee.

The defendant, in collusion with the above E and F, set up a credit card settlement terminal in collusion with the above E and F on January 30, 2008 at L amusement taverns located in Cheongju-si, Cheongju-si, and settled the amount of KRW 1,040,000 for customers.

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