beta
(영문) 대구지방법원 2016.07.07 2015노1047

대부업등의등록및금융이용자보호에관한법률위반등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) As to some of the facts charged in the instant case, Defendant 1 did not engage in a “loan business” as prescribed by the Act on the Registration of Loan Business and the Protection of Financial Users, since the Defendant merely operated or invested as an owner of the Notarial System, or did not lend money to them.

However, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, on the premise that the defendant was at a higher interest rate than the limited interest rate while running a loan business.

2) The sentence sentenced by the lower court (one year and six months of imprisonment with prison labor, three years of suspended execution, confiscation) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal by the Defendant and prosecutor, the Prosecutor’s amount of KRW 23,40,000 per annum from the judgment of the court below No. 10 to KRW 23,10,000 per annum from the judgment of the court below. The amount of KRW 2,50,000 per annum from KRW 12 shall be KRW 5,450 per annum, KRW 30,000 per annum from KRW 0 to KRW 33,210,000, KRW 300 per annum from the judgment of the court below, KRW 10,000, KRW 300 per annum from the amount of KRW 13 to KRW 0,000, KRW 500 per annum from “0, KRW 30,000 per annum from the judgment of the court below, and KRW 30,500 per annum from the amount of KRW 18 to KRW 30,50,000 per annum.