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(영문) 부산지방법원 동부지원 2018.10.04 2018고정494
여신전문금융업법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall provide or arrange for lending funds through credit card transactions in excess of the actual sales of goods or provision of services, etc. or the actual sales amount.

On November 2016, the Defendant received two IDs and passwords to use the credit card settlement platform in the name of the Defendant and the Defendant’s child, by getting off the credit card settlement platform, which is provided by the “Paice Paint Co., Ltd. (hereinafter referred to as “Paice Paint”)” on his/her mobile phone.

On December 23, 2016, the Defendant: (a) provided information on the card number, password number, validity period, resident registration number address, contact address, card company, etc. from E by text message; (b) provided information on the card number, etc. to E by means of text message; and (c) paid to E by means of a new card in the name of E, pretended as if he sold the products of “HB” to E; and (d) paid the amount deducted by 5.5% of the settlement amount, which was received from P, P, P, P, and received from P, P, P, P, and transferred the amount to E by transferring the amount to E by 2,840,000 won in total over 28 times in the same manner as indicated in the attached Form of Crimes, and received the credit card transfer amount from P, under the name of the account holder.

Accordingly, the defendant did the act of financing by pretending the sale of goods or the provision of services.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the CD-related Acts and subordinate statutes that store the investigative report (report on the attachment of data, such as the case forwarding document), case forwarding document, etc., investigation report (report on the delivery of data, such as a copy of seizure warrant), copy of search and inspection warrant (2017-4302), and the details of approval by credit card;

1. Criminal facts;

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