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(영문) 부산지방법원 2014.02.13 2013고정5195
여신전문금융업법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant opened a credit card merchant in the name of “D” while engaging in the wholesale and retail business of medical appliances in Busan Jin-gu C building 702.

1. The act of financing by pretending the sale of self-financial instruments or provision of services, etc. by false or excessive sales of credit cards, or by making a credit card transaction in excess of the actual sales amount;

On March 24, 2011, the Defendant, even though not having sold a medical device equivalent to KRW 20,000,000 to F in E, had F sell the medical device under the name of the above hospital, as if he sold the medical device, had F make payments by credit card under the name of the above hospital. On March 29, 2011, the Defendant provided F’s financing by remitting KRW 16,20,000 after deducting credit card fees, etc. from the F’s account. On March 29, 2011, the Defendant provided F et al. with a financing of KRW 662,20,000 by means of the same credit card over 24 occasions, as shown in attached Table 1.

2. No credit card merchant shall lend his/her name to another credit card merchant;

Nevertheless, around March 29, 2011, the Defendant allowed H dental clinic located in Busan, Busan, to use the name of the said franchise store by lending the credit card terminal in the name of the said “D” so that I can pay the medical expenses for patients, and from that time until November 6, 2012, I borrowed the name of the credit card merchant in the name of the said “D” by allowing I to prepare a credit card sales slip in the name of the said “D” over 30,989,000 over 138 times as shown in the attached crime list 2.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each investigation report and each investigation report;

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

1. Article 70 (2) 2, Articles 70 (3) 6 and 19 (4) of the Specialized Credit Finance Business Act concerning facts constituting an offense and Articles 70 (2) 2, 70 (3) 6, and 19

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