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(영문) 인천지방법원 2015.04.15 2014고단9516
여신전문금융업법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall lend the name of a credit card merchant to another person.

1. On October 23, 2013, the Defendant established a “D” under the name of “B 110, Nam-gu, Incheon, and established a business registration and a credit card merchant. From January 1, 2014 to August 26, 2014, the Defendant leased the name of the credit card merchant by lending the credit card terminal in the name of “D” to 78,744,280 won in total using the said credit card terminal to 78,74,280 won, as indicated in the list of crimes (1).

2. On February 28, 2014, the Defendant: (a) established a “G” on the second floor of the Incheon Southern-gu, Incheon; (b) established a business registration and a credit card merchant; (c) leased the name of the credit card merchant by lending a credit card terminal in the name of the “G” from February 19, 2014 to August 26, 2014, as indicated in the attached Table of Crimes (2), to ten persons, as indicated in the attached Table of Crimes (2), using the said credit card terminal; and (d) having another person prepare sales slips worth KRW 177,765,390 in total.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of a protocol of suspect examination of police officer C;

1. Each accusation book, each investigation receipt, business registration certificate, each commission contract, simplified tax invoice, credit card receipt, arrangement of sales amount, and the application of Acts and subordinate statutes;

1. Article 70 (3) 6 of the Specialized Credit Finance Business Act, and Articles 19 (4) 4 of the Specialized Credit Finance Business Act, and the choice of imprisonment with prison labor, concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that the defendant reflects the mistake and that there is no particular criminal history);

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