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(영문) 대구지방법원 경주지원 2016.04.28 2015고단1078
여신전문금융업법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for eight months.

However, for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No defendant A credit card merchant shall lend the name of a credit card merchant to any third party;

Nevertheless, the Defendant completed the business registration at the competent tax office on July 27, 2011, with the name of “C”, and completed the registration of a credit card merchant under the name of the said business owner, and thereafter used the Defendant’s credit card inquiry device of “C” to the Defendant’s words, and then traded KRW 190,418,000 in total over 3,706 occasions from August 1, 201 to October 27, 2015 by using the name of “C” credit card merchant.

Accordingly, the defendant lent the credit card merchant name to another person.

2. No credit card merchant of Defendant B shall make a transaction by credit cards in the name of another credit card merchant;

On October 5, 1996, the Defendant: (a) completed the registration of a business operator at the competent tax office with the name of “Del”; and (b) subsequently, (c) took the name of “C” credit card member store from “C”, and (d) used the name of “C” credit card member store in the name of “C” member store in the name of “C” member store; and (b) traded KRW 190,418,000 in total from August 1, 201 to October 27, 2015, by using the name of “C” member store in the name of “C” member store in the name of “C” member store.

Accordingly, the Defendant traded by credit card in the name of another credit card merchant.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to accusation, report on the completion of on-site verification, one copy of credit card sales slips, one copy of monthly cumulative sales by credit card, and investigation report (related to the amount of profit-making) on reference person’sF statement hearing and reporting;

1. Article 70 (4) 6 and Article 19 (5) 4 of the Act on Special Cases concerning Credit-Related Financial Business (or the choice of imprisonment): Defendant B;

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