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(영문) 부산지방법원 2013.06.27 2013노166

대부업등의등록및금융이용자보호에관한법률위반등

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor in violation of the Act on the Fair Collection of Claims (not guilty part), the court below found the defendant not guilty of this part of the facts charged, which erred by misapprehending the fact that the defendant knew D's husband E that "do has lent KRW 2 million to D and has received KRW 1090,000,000 from D to be repaid, and that D has received money because it has not been repaid with KRW 3,00,000,000."

B. The lower court rendered a judgment on the charge of the violation of the Act on Registration of Credit Business and Protection of Financial Users (defensive Part) on December 21, 2012, on the ground that the statute of limitations has expired without making a determination as to the application for changes in indictment made on December 21, 2012 by a prosecutor participating in the lower court. In so doing, the lower court erred by misapprehending the legal doctrine on changes in indictment, which affected

2. Determination

A. On April 30, 2007, the claims collector of this part of the facts charged did not provide false information about the obligation to a person other than the debtor. On April 30, 2007, the defendant extended the principal amount of KRW 2 million to the debtor D, the frequency of repayment of KRW 100,000 per day (136.2% per annum) to the debtor D, and paid the principal and interest of KRW 1,90,00 to the debtor D at the debtor's residence located in Busan Shipping Daegu Daegu, Busan, and around September 201, the court below held that the defendant provided false information about the obligation to a person other than the debtor. The court below held that the defendant provided false information about D's obligation to a witness E, and that the defendant provided false information to D around September 1, 201.