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(영문) 부산지방법원 2019.02.28 2018고정1799
여신전문금융업법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant subscribed to “B”, which is a system that gives virtual member store numbers to obtain credit card payments without registration of a business operator or registration of a member store of a credit card company, by pretending that the virtual member store established as above sells goods to credit card holders, paid the price of goods by credit card as if it were sold to credit card holders, and received a payment other than fees and received a payment in exchange for financing.

On March 28, 2017, the Defendant: (a) pretended to sell food equivalent to KRW 1,00,00 from the Defendant’s house located in Geum-gu Busan, Busan, by using the aforementioned system installed in a mobile phone; (b) made a settlement by credit card as if he sold D food equivalent to KRW 1,00,00; and (c) received an amount obtained by deducting 5.5% from the settlement amount from “B” and paid KRW 945,00 from “B” around March 31, 2017; and (d) made a loan to D by means of financing money under the pre-sale of goods.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of Materials to be Submitted by Suspect) (No. 2);

1. Relevant Article of facts constituting an offense and Article 70 (3) 2 (a) of the Specialized Credit Finance Business Act (Selection of Fines);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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