대부업등의등록및금융이용자보호에관한법률위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. In the facts charged in the instant case, the Defendant did not force I and J to prepare a written waiver of body, such as the statement in paragraph 3(a).
B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.
2. Determination
A. The lower court found a witness I and J (hereinafter “victims”) guilty of the facts charged as stated in paragraph 3(a) on the grounds of each legal statement of the witness I and J (hereinafter “victims”). We examine the credibility of each of the above legal statements.
A thorough comparison between the victims' legal statements on each police statement (Evidence Nos. 10, 11, 74, 75, 80, 81) with each police statement about the victims, it is true that there are some parts that are not somewhat inconsistent or unclear with the victim's statements in the place of crime (whether each statement was prepared on the part of the motor vehicle), situation at the time of the crime (whether it was the source, unmanned, or signature of each page), content of each letter, etc., or between the victim's statements at the police station and the legal statement.
However, it is difficult to reject the credibility solely based on the contradictions of the above statements given that the statements by the victims are not somewhat inconsistent with their commercial parts, and are likely to be inconsistent and unclear in the overall context, and that the police and the legal statements by the victims have been made at the time two years have elapsed since the time of crime.
In addition, the defendant asserts that there was no reason to receive a written waiver of body from the victims, since the victims paid interest equivalent to before and after the crime.
According to the evidence examined above, it is recognized that the victims paid the amount of KRW 1 million to KRW 2.5 million at any time during one month immediately before the crime was committed, but on the other hand, the victims paid KRW 50 million at the first time.