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(영문) 대구지방법원 2016.04.28 2016고단750
여신전문금융업법위반
Text

Defendant

A Imprisonment with prison labor for six months and for four months, respectively.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No defendant A credit card merchant shall conduct a transaction by credit cards in the name of another credit card merchant;

Nevertheless, from around December 20, 2013 to May 2015, the Defendant operated a credit card store (g clubs) in the name of “F,” which is a credit card merchant, on the 2 and 3th floor of the building in Daegu-gu, Daegu-gu, the Defendant: (a) provided a credit card terminal installed in the name of a general restaurant in the name of “G,” a credit card merchant operated by B; and (b) provided a customer who found the said entertainment store to pay the amount equivalent to KRW 929,369,00 with the credit card at the end of that period.

Accordingly, the defendant did the act of trading by credit card using the name of another credit card merchant.

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

After opening a credit card merchant with respect to the general restaurant in the trade name of "G", the Defendant leased the credit card terminal in the name of "F" to A who operates an entertainment center in the name of "G" at the date specified in paragraph (1) and caused customers who find the above entertainment center to pay the amount equivalent to the total amount of KRW 929,369,00 by the credit card using the said terminal.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. Application of Acts and subordinate statutes to letter of on-site verification of credit card merchants;

1. Article 70 (3) 3 and Article 19 (5) 3 (including comprehensive) of the Act on Specialized Credit Financial Business; Defendant B who choose a sentence for imprisonment with labor: Articles 70 (4) 6 and 19 (5) 4 (including comprehensive) of the Act on Specialized Credit Financial Business; Articles 70 (4) 6 and 19 (5) 4 (including punishment for imprisonment with labor);

1. The Defendants are subject to suspended sentence: (a) the instant crime was committed on the grounds of sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the grounds for sentencing).

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