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(영문) 부산지방법원 2018.09.19 2018고정1352
여신전문금융업법위반
Text

Defendant shall be punished by a fine of KRW 3,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall make a transaction by credit cards, or have another person do so by means of making a transaction by credit cards, in excess of the actual sales amount or the actual sales amount, or mediate or arrange such transaction by proxy.

On February 2, 2017, the Defendant received three the IDs and passwords to use the settlement platform by getting off the credit card settlement platform set up in the Spanish Co., Ltd. on his/her mobile phone, in the name of Defendant and Defendant B, and Defendant C.

The Defendant used the settlement platform that was received from Bospan Co., Ltd., Ltd. on February 4, 2017, the Defendant settled the amount of 5.5% deducted from D’s payment from D’s Samsung Card in the name of 1.5 million won as if he sold D’s credit card in the name of 1.5 million won, and paid to D with the amount deducted from 5.5% of the settlement amount after having had been paid from Bospan Co., Ltd., the Defendant paid 42 times, such as the credit card settlement details settled in the name of Defendant, B, and C, and paid the amount calculated by deducting the fee.

Accordingly, the defendant committed an act of financing funds by pretending the sale of goods or provision of services.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on investigation;

1. Application of statutes, such as a letter of case transfer;

1. Relevant Article 70 of the Act and Article 70 (3) 2 (a) of the Act on Special Cases concerning finance business that specializes in selective credit for criminal facts and punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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