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(영문) 대구지방법원 2017.05.25 2017고단761
여신전문금융업법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is a person who operates C (the trade name after the change) which is a credit card merchant in G of Gyeonglbuk-gun.

A credit card merchant shall not make the same transaction with a credit card although there is no sales of goods or provision of services, etc.

Nevertheless, at around 19:49 on July 16, 2016, the Defendant would have settled the Samsung Credit Card (E) with six-month installments without real transactions at the above C Office, and would have been pretended that actual transactions had been made.

In addition, from the above day to September 27, 2016, the Defendant used a registered credit card member store C, such as the list of crimes, in the above office space, to settle a total of KRW 17.6 million on a total of ten occasions, and the Defendant pretended that there was an actual transaction.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A written accusation;

1. Application of Acts and subordinate statutes to the details of credit card replies, investigation reports (verification of the nominal telephone of the credit card holder), the details of current financial services members, the details of detection, and the investigation reports (to hear statements from the counterpart telephone of Samsung

1. Article 70 (3) 2 (a) of the Act on Business of Financial Services Specializing in the relevant Article of the Act and the selection of punishment for each type of crime;

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

1. The crime of this case on the ground of sentencing of Article 62(1) of the Act on the Suspension of Execution is a prompt name card-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-

However, under favorable circumstances, the number of crimes and the amount of transactions is relatively small, the defendant's late crimes are divided, and there is no record of punishment or punishment exceeding the fine due to the same kind of crime. Other various arguments shown in the arguments in this case, such as the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime.

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