In a case that falls under any of the following items, the violating person is subject to punishment by imprisonment for not more than two years, a fine of not more than 3,000,000 yen, or both. The same applies to a person that knowingly receives specified credit information from a person committing the violation referred to in item (ii) or item (iii):
the person divulges or misappropriates confidential information, in violation of the provisions of Article 35-3-39 (including as applied mutatis mutandis pursuant to Article 35-3-47, paragraph (4));
第三十五条の三の三十九(第三十五条の三の四十七第四項において準用する場合を含む。)の規定に違反して秘密を漏らし、又は盗用したとき。
the person requests the participating designated credit bureau with which it is affiliated to provide it with specified credit information for purposes other than an investigation into the ability to pay; uses specified credit information it receives from the participating designated credit bureau with which it is affiliated for purposes other than an investigation into the ability to pay; or provides the information to a third party, in violation of the provisions of Article 35-3-59, paragraph (1); or
第三十五条の三の五十九第一項の規定に違反して支払能力調査以外の目的のために加入指定信用情報機関に特定信用情報の提供を依頼し、又は加入指定信用情報機関から提供を受けた特定信用情報を支払能力調査以外の目的に使用し、若しくは第三者に提供したとき。
the person violates the provisions of Article 35-3-59, paragraph (2) in using the specified credit information provided by the participating designated credit bureau with which it is affiliated or by providing that information to a third party.
第三十五条の三の五十九第二項の規定に違反して加入指定信用情報機関から提供を受けた特定信用情報を使用し、又は第三者に提供したとき。
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specified credit informationmachine translation
「特定信用情報」
Information on an individual user's, purchaser's or service recipient's comprehensive purchase amount projected to be affordable (包括支払可能見込額), user purchase amount projected to be affordable (利用者支払可能見込額) or individual purchase amount projected to be affordable (個別支払可能見込額), including information identifying them, of the kinds an Order of the Ministry of Economy, Trade and Industry and Cabinet Office Order (経済産業省令・内閣府令) specifies, such as how they have been paying debts arising from the intermediation of credit purchases (信用購入あつせん).
Defined inArticle 30-2, paragraph (3)
investigation into the ability to pay
「支払能力調査」
In Article 35-3-59, paragraph (1) and Article 50, item (ii), the investigations Articles 30-2, 30-5-5, 35-2-4 and 35-3-3 require, and any other investigation into a user's, purchaser's or service recipient's ability to pay.
Short name set inArticle 35-3-46, paragraph (1)· applies only in this provision and in Article 35-3-59, paragraph (1); and Article 50, paragraph (1), item (ii)
affiliated designated credit bureaumachine translation
「加入指定信用情報機関」
The designated credit bureau (指定信用情報機関) with which a participating credit purchase intermediary has made a specified credit information service contract (特定信用情報提供契約).
Defined inArticle 35-3-56, paragraph (2)
fine
罰金
A criminal punishment of paying money to the state, of 10,000 yen or more, or less where it is reduced (Penal Code, Article 15). It ranks below imprisonment (拘禁刑) and above penal detention (拘留) and a petty fine (科料) (Articles 9 and 10, paragraph (1)). A person who cannot pay it in full is held in a workhouse (労役場) for one day to two years, or up to three years where fines are imposed together, a period set when the sentence is passed (Article 18, paragraphs (1), (3) and (4)); not within thirty days of the sentence becoming final without the person's consent (paragraph (5)). If it is not enforced for three years after the sentence becomes final, the person is released from it by prescription (Articles 31 and 32, item (v)); the three years do not run while its execution is suspended under law or the person is abroad, and an act of execution interrupts them (Articles 33 and 34, paragraph (2)).
Written by AI using Penal Code, Arts. 9, 10, 15, 18, 31 to 34 as a reference.
imprisonment
拘禁刑
The punishment of being held in a penal institution (刑事施設), for life or for a fixed term of one month to twenty years (Penal Code, Article 12, paragraphs (1) and (2)); a fixed term can be raised to thirty years where the punishment is aggravated, or cut below one month where it is reduced (Article 14, paragraph (2)). To help the person reform and rehabilitate, they may be made to do work or given guidance (Article 12, paragraph (3)). It ranks below the death penalty and above a fine (罰金) among the principal punishments (Articles 9 and 10, paragraph (1)). It replaced imprisonment with work (懲役) and imprisonment without work (禁錮) when the Act Partially Amending the Penal Code, etc. (Act No. 67 of 2022) came into force (Act No. 67 of 2022, Article 2), and a person sentenced to either is treated, for the rules on a person's qualifications, as sentenced to imprisonment for the same term (Act No. 68 of 2022, Article 443, paragraph (1)).
Written by AI using Penal Code, Arts. 9, 10, 12, 14, Act No. 67 of 2022, Art. 2 and Act No. 68 of 2022, Art. 443 as a reference.