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(영문) 춘천지방법원 속초지원 2016.10.19 2016고단110
여신전문금융업법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a “C cafeteria” in Gangwon-gun, Gangwon-gun, from around 2002 to around September 2014, and D is a person who operated a “F cafeteria” in Gangwon-gun, Gangwon-gun, Gangwon-do, from April 2014 to September 2014 by Defendant’s fraud.

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

Nevertheless, from April 2014 to September 2014, the Defendant was unable to use the card terminal in which “Ccafeteria” is a credit card merchant due to tax delinquency in the said “Ccafeteria” from around September 2014, and installed the card terminal from D to pay KRW 334,396,00 by credit card.

In collusion with D, the Defendant used the name of another credit card merchant to make a transaction by credit card.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutors' office and police suspect interrogation protocol concerning D;

1. Inquiries about details of value added tax;

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

1. Article 70(2)3 and Article 19(4)3 of the former Specialized Credit Finance Business Act (Amended by Act No. 13068, Jan. 20, 2015); Article 30 of the Criminal Act; the choice of imprisonment, etc.

1. Article 62 (1) of the Criminal Act (including the first offender in the case of the defendant, and the fact that his mistake is against him);

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