특정경제범죄가중처벌등에관한법률위반(사금융알선등)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, two years of probation, and 200 hours of community service) is too unreasonable.
2. Prior to the judgment on the Defendant’s assertion of unfair sentencing by authority, prior to the judgment on the Defendant’s assertion of unfair sentencing, the Prosecutor changed “Defendant 52 years of age” to the Victim G (Min, 52) around March 7, 2012, from May 7, 2012 to the Victim G (Min, 52 years of age). The Defendant applied for amendments to indictment by striking “The principal KRW 30 million, interest KRW 20 million, and KRW 20 million)” under paragraph 2 subparag. 9 of the same Article. Since the judgment of the lower court was modified by permitting it, the lower court was no longer maintained.
3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's argument, and the judgment below is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and evidence against the defendant recognized by this court is as stated in each corresponding column of the judgment of the court below, since it is the same as stated in the corresponding column of the judgment of the court below, in addition to the deletion of "the principal amount of KRW 30 million, interest KRW 20 million, interest KRW 20 million)" in Paragraph 2 (3) of the facts charged by the court below, "the defendant shall be admitted to the victim G (the victim G, the 52 years old age) around March 7, 2012, and the defendant shall be admitted to the victim G (the victim G, the 52 years old age)" in Paragraph 2 (9) of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 8 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 15 (1) and subparagraph 1 of Article 9 of the Fair Debt Collection Practices Act (the act of collecting debts by threatening and threatening debtors), Article 366 of the Criminal Act, and the selection of fines, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 of the Criminal Act for the confinement of a workhouse.