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(영문) 대전지방법원 2015.03.12 2014고단4287
여신전문금융업법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the representative of the "E Kinging practice room" in Daejeon P and 3 floors, and Defendant B is the representative of the "F cafeteria" in Daejeon P and 3 floors.

1. Defendant A credit card merchant shall not make a transaction by credit cards in the name of other credit card merchants;

Nevertheless, from April 5, 2012 to March 3, 2014, the Defendant registered a restaurant that does not actually operate in the name of “F cafeteria” at the same domicile in the name of “F cafeteria” in the name of his/her relative, which is the intent to divide the sales amount of the said singing practice room, and registered a credit card inquiry machine in the name of “F cafeteria” (based on model name: KS3020I, and terminal ID: G), and made transactions by credit card merchants in the name of another credit card merchant by settling the total amount of KRW 1,350 and the price of KRW 274,84,000 for the said period using the said credit card inquiry device.

2. No defendant B credit card merchant shall lend his name to another credit card merchant;

Nevertheless, the Defendant, at the same time and place as above, lent the name of credit card merchant by allowing a type A to trade a total amount of KRW 1,350 for “Ek practice room business” and KRW 274,884,00 in the name of “F cafeteria” in the name of the Defendant.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Defendant A of pertinent legal provisions on criminal facts: Articles 70 (2) 3 and 19 (4) 3 of the Specialized Credit Finance Business Act (Options of Imprisonment): Defendant B: Articles 70 (3) 6 and 19 (4) 4 of the Specialized Credit Finance Business Act (Selection of Imprisonment);

1. Defendants: The amount of sales made in the name of Defendant A and other credit card member stores for the reason of sentencing under Article 62(1) of the Criminal Act is significant.

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