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(영문) 인천지방법원 2018.10.04 2018고단4247
여신전문금융업법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No credit card merchant shall lend the name of a credit card merchant to any third party.

Nevertheless, around November 3, 2016, the Defendant established a company with the trade name of “Agricultural Company D” in Nam-gu Incheon Metropolitan City, and registered as a credit card merchant around November 24, 2016. On January 16, 2017, the Defendant allowed E to open a mobile credit card settlement terminal registered as a credit card merchant in the name of the said business establishment and to use it. E from January 16, 2017 to October 26, 2017, issued a credit card settlement terminal in the name of the Defendant’s business establishment via the said credit card settlement terminal in total of KRW 457 million.

Accordingly, the defendant lent the name of credit card member store to another person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes to a summary of cash distribution transactions, monetary records verifying facts, certified copy of the corporate registry (D), copy of the statement of transactions, statement of transactions (E) and statement of approval of cards;

1. Selection of a fine, collectively, under Article 70(4)6 and Article 19(5)4 of the Act on the Financial Industry Specializing in the relevant law of criminal facts and the selective extension of a sentence;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order led to the Defendant’s lending of a credit card settlement terminal to someone else and making a financing by using false credit card transactions.

Defendant has a history of criminal punishment on several occasions, and is also committing a crime during the period of repeated crime. However, the Defendant acknowledges and reflects all of his/her mistakes.

The defendant was introduced E to receive business assistance for long time after the establishment of D, and the defendant has lent the device in such process, and the defendant's name card tin.

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