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(영문) 춘천지방법원 원주지원 2018.11.23 2018고정240
여신전문금융업법위반
Text

Defendant shall be punished by a fine not exceeding 4.5 million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

No person shall lend funds by pretending the sale of goods or the provision of services, etc.

The Defendant, without registering a business operator or registering a member store with a credit card company, subscribed to the “Stopbook”, which is a system that gives virtual member numbers to receive a credit card payment without registering a business operator or registering a member store with a credit card company. As seen above, the Defendant subscribed to the “Stopbook”, the virtual member store established as above, pretended to sell goods to credit card holders, paid the price of goods with a credit card by means of credit card, and received the payment

On January 24, 2017, the Defendant, using the aforementioned system installed in a mobile phone in the Defendant’s residence located in Gangnam-gun, Gangnam-gun, and settled the amount of KRW 1.5 million in the name of the goods with a new card (D) with the name of KRW 1.5 million in the name of C, and around that time, paid an amount of KRW 5.5% deducted from the settlement commission to C by receiving the payment from “Y-dong,” and granted a loan to C from August 11, 2017, as shown in the list of crimes, from the point of time to August 11, 2017, the Defendant concluded that the sum totaled KRW 52,020,000,000 as if the goods were sold to credit card holders on a total of 41 occasions as indicated in the list of crimes, and made a loan by obtaining the deducted amount of the fee from the credit card and making the payment for the sales of the goods.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Financial business specializing in providing credit for facts constituting an offense under Article 70 (3) 2 (a) of the Act;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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