logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.04.20 2017고단1160
여신전문금융업법위반
Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

A is a person who operates the "E", a motor vehicle exterior management company, in Daegu Northern-gu D, and Defendant B is a person of Defendant A.

No request shall be made for financing by means of a transaction by credit cards, or by means of acting on behalf of another person, in pretending to sell goods or provide services.

The Defendants conspired to see “E” a credit card sales as if there was a credit card sales even if there was no actual transaction in order to unfold the size of “E” credit card sales.

Defendant

A shall transfer the credit card terminal in the name of “E” member store to Defendant B, and Defendant B, on November 16, 2016, installed the said terminal in “G” located in “F in the Daegu Suwon-gu, and paid 1.1 million won in three-month installments using H’s rain card (I), even though there was no fact that the said terminal was sold goods or provided services, and Defendant A again remitted the remainder of the settlement amount, excluding the fee, received from the credit card company after the credit card company, to Defendant B, from that time until December 12, 2016, by settling the sum of 117,350,000 won in the credit card as shown in the attached list of crimes, from that time until December 12, 2016.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. Details of account transactions, data on settlement of accounts issued by credit cards, and on-site verification reports;

1. Application of investigation reports (verification of payment details by card users) Acts and subordinate statutes;

1. The pertinent legal provisions and Article 70(3)2(a) of the Act on Business of Financial Services Specializing in Extension of the Punishment of Criminal Crimes and Article 70(3)2(a) of the Criminal Act and Article 30 of the former Act on Business of Financial Services Specializing in Extension of Credit Industry provide that “a person who prepares a credit card sales slip and provides funds in excess of the actual sales price or the actual sales price” shall be punished. In light of the constituent requirements and legal interests, the crime of violation of the above provision is an act of financing by credit cards.

arrow