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(영문) 울산지방법원 2014.01.16 2011고단2395
여신전문금융업법위반
Text

A defendant shall be punished by imprisonment for six 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 the actual operator of the oil wholesale and retail chain Co., Ltd. D, and D is the credit card merchant.

No credit card merchant may make a transaction by credit cards in the name of another credit card merchant.

Nevertheless, the defendant agreed that D's creditors would receive oil payment from customers by using the name of F(G), the credit card merchant E operated by the defendant's wife and the defendant's credit card revenue account.

On February 27, 2010, the Defendant issued sales slips in the name of F, in the name of F, at the place of business D, a corporation of Ulsan-gun, Ulsan-gun, for customers under his name, and received 500,000 won payment by credit card payment.

From that time until May 20, 2010, the Defendant used the name of F’s credit card merchant in the name of F in the name of the credit card merchant in the following manner, and traded credit cards in an amount equivalent to KRW 172,605,874, both of which were recorded in the list of crimes committed in attached Table 3,058.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I and J;

1. Investigation reports (report on the attachment of details of card sales in the name of F) and the application of Acts and subordinate statutes on the card sales statement;

1. Articles 70 (2) 3 and 19 (4) 3 of the Specialized Credit Financial Business Act 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. It is so decided as per Disposition on the grounds of Article 62(1) (i.e., the beginning of a crime and the reflective fact) of the Criminal Act or more;

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