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(영문) 대구지방법원 2018.07.13 2018노481

대부업등의등록및금융이용자보호에관한법률위반

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant cannot be deemed to have engaged in a loan business since each of the loans of the following amounts 1, 2, 4, 6-10 listed in the annexed crime list 1, 2, 4, 6-10 was loaned money to the obligor.

The defendant does not intentionally renew the registration of the lending business.

However, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, thereby adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (one year of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service order) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the court below rejected the Defendant’s assertion and its determination in detail on the grounds for appeal in the following part of the evidence’s summary. The court below acknowledged the following circumstances based on these evidence: (a) the Defendant was subject to tax investigation conducted from 2008 to 2009, and collected approximately KRW 1.80,000,000,000 as a result of tax investigation conducted from Haman to Haman in early 2009; (b) the Defendant did not renew the registration of loan business; and (c) was deemed to have used the I’s funds by using the borrowed account in the name of P, Q, M, andO; and (c) the Defendant was aware that the Defendant invested his own shares after undergoing a tax investigation conducted by the National Tax Service for five years prior to the date of tax investigation conducted by the National Tax Service and engaged in the business with I and M money.

The statement "," (4) the term of validity is specified in the certificate of registration for large-scale side business, and the guidance that the application for renewal of registration should be made before the expiration date is stated at the bottom, and the education of the lending business and the lending brokerage business association also includes a new registration and a new renewal registration indication even in the certificate, and (5) the defendant also applies for the first loan business registration at the time of prosecutorial investigation.