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(영문) 부산지방법원 2014.06.12 2014노714

대부업등의등록및금융이용자보호에관한법률위반등

Text

All appeals by the defendant are dismissed.

Reasons

Summary of Grounds for Appeal

A. In relation to the misapprehension of the legal principle (as to the judgment of the court of first instance), the defendant introduced G, I, etc., the principal offender, and did not know how much he or she or not he or she or she is so-called the so-called "credit card tin", the judgment of the court of first instance that recognized his or her responsibility for aiding and abetting the entire funds.

B. The respective sentence of unfair sentencing (as to the judgment of the court of first instance: imprisonment with prison labor for 10 months, and 2 months: imprisonment with prison labor for 8 months) of the court of first instance is too unreasonable.

Judgment

A. The first and second appeals cases were consolidated and tried by the court below.

However, the crime of the judgment of the court of first instance, which became final and conclusive on February 4, 2012, committed prior to the crime of aiding and abetting a violation of the Specialized Credit Finance Business Act, and the crime of the judgment of the court of second instance, is subsequently committed, and thus does not constitute concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the

Therefore, the defendant's appeal is judged separately.

B. In determining the misapprehension of the legal principle as to the 1st judgment of the court below, aiding and abetting under the Criminal Act refers to direct or indirect act that facilitates the commission of a principal offender while knowing that the principal offender is committing a crime. Therefore, the so-called aiding and abetting and aiding and abetting the principal offender’s commission of the principal offender and the principal offender’s commission of the principal offender’s act constitutes an act that constitutes a constituent element. However, inasmuch as such an intentional act is an in-depth fact, if the Defendant denies it, it is bound to prove by the method of proving indirect facts that have considerable relation with the principal offender in light of the nature of the object, and what constitutes an indirect fact that has considerable relation to the principal in this case, the connection of the fact can be reasonably linked