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(영문) 서울중앙지방법원 2014.07.24 2013고단1249
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

C around June 24, 2009, at the main point of "E" located in Gangnam-gu Seoul, Seoul, through F, registered the above main point as G and entered into a credit card merchant contract in the name of "E" and H had H operate the main point.

On June 2009, the Defendant received the request from I to lend the name of a credit card merchant so that he can be called a "credit card tin", and on the 24th day of the same month, the Defendant registered the said main store as G and entered into a credit card merchant agreement in the name of G, and issued a credit card device to the said I.

Although the above H operated the above main points from June 24, 2009 to December 22, 2009, the sales of KRW 74,011,434 actually occurred, the above I, who received a credit card device from the Defendant, made a credit card transaction of KRW 353,983,571 using the above "E" main store in the same period.

Accordingly, the Defendant, as seen above, assisted the Defendant to commit the act of trading credit cards using the name of another credit card merchant, thereby facilitating the crime by delivering the credit card device to the said I.

Summary of Evidence

1. Statement made by the witness J in the fifth trial records;

1. Statement made by C by a witness in the sixth trial records;

1. Legal statement of K witness K;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution (including C and K's statement);

1. Prosecution and police suspect interrogation protocol of C (including K's statement part);

1. Question and answer (C, K);

1. Application of Acts and subordinate statutes to written accusation;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 70 (2) 3 and 19 (4) 3 of the Specialized Credit Finance Business Act, and Article 32 (1) of the Criminal Act;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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