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(영문) 광주지방법원 2015.01.29 2014고단4259
여신전문금융업법위반
Text

A defendant shall be punished by imprisonment for six months.

However, 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

The Defendant purchased light oil from D gas stations in Gwangju-gu, Gwangju-gu, on credit, and loaded it into the Defendant’s tank glass, sold freight cars, etc. on roads or empty lots, and settled the price with a credit card terminal in the name of D gas stations, and attempted to sell petroleum sales business by means of issuing credit card sales slips, debit card, pre-paid card (hereinafter “credit card, etc.”) to E, the actual representative of D gas stations, and receiving settlement of the amount obtained by subtracting credit purchase amount from credit card sales from credit card sales.

The defendant is not a credit card merchant.

No person other than a credit card merchant may make a transaction by credit cards, etc. in the name of the credit card merchant.

Nevertheless, around 15:38 on May 4, 201, the Defendant sold 380,000 won or similar to the card number BC card holders on the roads or empty lots near Gwangju (hereinafter referred to as “BC card holders”) and had the credit card merchant pay with a fixed-type card terminal of the D gas station, Inc., a credit card merchant, and traded in the name of the aforementioned D gas station from that time until April 16, 2013, by means of the aforementioned method, until April 16, 2013, the Defendant traded in the name of the said D gas station by allowing all of the aforementioned methods to pay 1,440,748,650 won, as described in the attached list of crimes, from that time.

Accordingly, the Defendant made a transaction by credit cards, etc. in the name of credit card merchant even though it is not a credit card merchant.

Summary of Evidence

1. Defendant's legal statement;

1. The protocol of self-examination of suspects of crimes against E;

1. In cases of an investigation report (in cases of transaction books, etc.), import details ( May 201-- December 2012), statements of transaction by account, statements of personal financial transactions, books of account from May 24, 201 to August 31, 2011;

1. A criminal investigation report (Attachment of suspect interrogation protocol, such as D gas station business owner E, etc.), - Two copies of suspect interrogation protocol;

1. The Acts and subordinate statutes for a written accusation and a written correction.

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