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(영문) 전주지방법원 군산지원 2016.11.30 2016고단1029
여신전문금융업법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operated a gas station in the CB from August 2014 to January 2015, 2015.

No one shall make a transaction by credit cards or have another person do so on his/her behalf by pretending the sale of goods or provision of services, etc. or in excess of the actual sales amount.

Nevertheless, on August 2014, the Defendant: (a) received 10% of the credit card sales from a senior policeman as a fee name; and (b) opened to a credit card-holder with no name, a person in need of the said C-owner’s credit card settlement machine to be opened up with a card at the said C-owned station, and recruited to make a loan to the said C-owned station.

Accordingly, around September 4, 2014, a card-based tin in the above name-free statement business operator is pretended to purchase the oil in the E-Maart located in Seocho-gu Seoul Metropolitan Government Seocho-gu, to settle the amount equivalent to KRW 3,144,130 with credit card in the name of the Dong and to lend the amount reduced by a certain rate to the above F, and the same year from August 18, 2014 to the same year.

9. From 15. up to 15.00, up to 44 times, a sum of 163,915,860 won, such as in the annexed list of crimes, was traded by credit cards and provided financing.

Accordingly, the defendant, in collusion with the above-mentioned person, provided financing by means of a credit card transaction by pretending to sell goods.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of G and H:

1. A written statement of I;

1. A report on internal affairs (attached to a list of transactions in savings deposits) and a list of transactions;

1.The application of the Acts and subordinate statutes of replys (national cards, new cards, agricultural cooperatives' cards, Samsung cards, bar cards, and bar cards);

1. Article 70 (3) 2 of the Specialized Credit Finance Business Act, Article 30 of the Criminal Act and the choice of punishment concerning facts constituting an offense;

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

1. The Criminal Act, the suspension of execution;

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