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(영문) 서울동부지방법원 2019.05.15 2019고정119
여신전문금융업법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is the credit card merchant that entered into a contract with the credit card company in the name of “B.”

No credit card merchant shall lend the name of a credit card merchant to another person.

Nevertheless, around December 2016, the Defendant received a proposal from the People's Republic of China's nationality in "C Casino" located in Gwangjin-gu Seoul Special Metropolitan City, to the effect that he would bring four to China the credit card terminal operator's nationality in favor of acquiring permanent residence in the Republic of Korea while carrying on the cosmetics business in Korea, and would cause the sale of cosmetics and credit card terminal operator's cosmetics sales, and then accepted the proposal, and thereafter, the Defendant lent the above "B" credit card terminal to the above person in bad name and used the same amount of KRW 74,025,368 in total from December 2016 to March 2017.

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

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Police suspect interrogation protocol of the accused;

1. Details of application for E card member shops, and application for membership of E card member shops (A) Acts and subordinate statutes;

1. Relevant Article of the Acts and subordinate statutes concerning facts constituting an offense, and Articles 70 (4) 6 and 19 (5) 4 of the Act on the Selection of Specialized Credit Financial Business, and Selection of Fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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