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(영문) 서울동부지방법원 2018.01.26 2017고정1676
여신전문금융업법위반
Text

Defendant

A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 3 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. No defendant A credit card merchant shall make a transaction by credit cards in the name of another credit card merchant;

Nevertheless, from October 2015 to June 2017, the Defendant settled KRW 36,397,150 on a total of 2,653 occasions using a credit card device in the name of “F” in the operation of Seongdong-gu Seoul and 120 Dong 112.

2. No credit card merchant shall lend the name of a credit card merchant to any third party;

Nevertheless, the Defendant lent the credit card terminal in the name of “F” in the Defendant’s operation to A, at the time, at the time, at the place specified in paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. A letter of verification at the site of a disguised franchisee with a credit card;

1. Application of Acts and subordinate statutes on cards, cards, and field photographs;

1. Article 70 (3) 3 and Article 19 (5) 3 of the Act on Specialized Credit Financial Business; Defendant B selected as a fine: Articles 70 (4) 6 and 19 (5) 4 of the Act on Specialized Credit Financial Business; Selection of a fine: Articles 70 (4) 4 and 19 (5) 4 of the Act on Specialized Credit Financial Business;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The punishment shall be determined by taking into account the period and frequency of the Defendants’ criminal acts, and the amount of credit card transactions for the sentencing of Article 334(1) of the Criminal Procedure Act; the Defendants recognized the Defendants’ criminal acts and reflects them; there are some circumstances to consider the motive and circumstances leading to the instant crime between South and North Korea; Defendant B’s primary offender who has no criminal history; and other factors to determine the punishment as ordered by taking into account all the sentencing conditions specified in the instant trial process, such as the Defendants’ age, sex, criminal records, criminal records, and the means and consequence of the instant crime.

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