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(영문) 부산지방법원 2018.07.06 2017노4522

대부업등의등록및금융이용자보호에관한법률위반등

Text

Defendant

All appeals filed by A and D and by the Prosecutor against the Defendant A and B are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) The misunderstanding of the facts pertaining to Section 2 of the List of Crimes in the annexed Form No. 2 as indicated in the judgment below constitutes “an act of informing the victim of false facts regarding the obligation” as stipulated in Article 9 subparag. 4 of the Fair Debt Collection Practices Act, where Defendant A caused mental distress to the victim in the vabin, thereby causing mental distress to the victim.

2) The lower court’s sentence against Defendant A and B (i.e., 2 years and 4 months of imprisonment; (ii) Defendant B’s imprisonment with prison labor for one year, 2 years of suspended execution, observation of protection, and 80 hours of community service) is deemed to be too uneasible and unfair.

B. Defendant A (A) 1-D of the facts constituting the crime as indicated in the lower judgment. Defendant A (A) 1-D of 2017 high group 2348.

The period for repayment of the power of attorney (hereinafter referred to as “the power of attorney of this case”) stated L as erroneous in the judgment of the court below is only modified, and the defendant did not alter the power of attorney of this case as stated in the judgment of the court below.

Therefore, the crime of altering private documents on the premise of this, the crime of conducting altered documents, and the attempted crime of fraud is not established.

B) As to the facts constituting the crime of the lower judgment, the Defendant did not introduce I as stated in the facts constituting the crime of the lower judgment regarding Article 2348 of the 2017 Highest 2348, to H for the purpose of enabling B to work at a W amusement shop.

2) The lower court’s sentence (two years and four months of imprisonment) against an unfair defendant in sentencing is too unreasonable.

(c)

Defendant

D The sentence of the lower court against the Defendant (an amount of three million won) is too unreasonable.

2. Where there exist several orders for the judgment, such as partial convictions, partial acquittals, etc. against Defendant A for a concurrent crime within the scope of trial by this court, the part included in the one order may be appealed separately from other parts, and the part for which both parties have not appealed may become separate and final (see, e.g., Supreme Court Decision 2010Do10985, Nov. 25, 2010). The lower court out of the facts charged against the Defendant, the list of crimes (2) in the judgment of the lower court.