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(영문) 대구지방법원 2015.01.29 2014고단5734
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 make a transaction by credit cards or make a transaction by credit cards by proxy in excess of the actual sales amount or pretend to sell goods or provide services, etc., or by means of financing.

Nevertheless, the Defendant, using the fact that he registered his business as an individual and had a card terminal installed, had a person who wants to pay electricity and card sales slips in the Gangseo-gun located in the Gangwon-do Fixed Line, settle his card sales as if he actually paid excessive expenses, and received cash by lending 20% of the settlement amount after deducting 20% from the prepaid interest and fee.

Accordingly, on March 27, 2013, the Defendant: (a) provided B with a mobile card terminal that was possessed by the Defendant in the vicinity of the Gangseo Islands located in Gangwon-do, Gangwon-do on March 27, 2013 to pay KRW 2.5 million in cash; and (b) provided a financing of KRW 2 million in cash; and (c) as shown in the list of crimes in the attached Table, the Defendant started around that time.

8. By the end of 20.20, a total of KRW 25,810,000 in cash was financed by means of credit cards in the middle of 20,650,000 in cash.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Details of entry and withdrawal, details of each card settlement, details of card use, and application of Acts and subordinate statutes on the approval of chain stores;

1. Article 70 (2) 2 of the Specialized Credit Financial Business Act concerning facts constituting an offense;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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

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