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(영문) 광주지방법원 2017.05.11 2016고단4664

횡령

Text

Defendant

B and C shall be punished by a fine of KRW 500,000.

Defendant

B and C fail to pay the above fine.

Reasons

Punishment of the crime

[criminal history] Defendant B was sentenced to a suspended sentence of one year for a crime of violation of the Act on the Punishment of Acts, Including Intermediating, etc. of Commercial Sex Acts at the Gwangju District Court on September 21, 2016, and the said judgment became final and conclusive on September 29, 2016, and Defendant C was sentenced to one year of imprisonment for a crime of violation of the Act on the Punishment of Acts, Including Arranging, etc. of Commercial Sex Acts at the Gwangju District Court on September 29, 2016, and the said judgment became final and conclusive on September 29, 2016.

[2] A person who intends to run a loan business shall register his/her business with a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Do Governor or a Special Self-Governing Province branch having jurisdiction over the relevant business

Nevertheless, Defendant B and C, without registering with the competent authority around January 2016, offered IW passenger cars owned by H as collateral and extended 25 million won to the H bank at the end, and transferred 2,3750,000 won, excluding the interest on January 9, 2016, to the H bank designated by A.

As a result, Defendant B and C conspired to engage in the lending business without being registered with the competent authorities.

Summary of Evidence

1. The respective legal statements of Defendant B and C

1. Statement made by the police with H;

1. Details of comprehensive vehicle taxes;

1. Details of passbook transactions;

1. Documents concerning secured loans;

1. Previous conviction: Application of the text of the judgment;

1. Relevant legal provisions and punishment for the crime committed by Defendant B, and C: Registration of each loan business, etc. and Articles 19(1)1 and 3(1) of the Act on the Protection of Financial Users, and Article 30 of the Criminal Act

1. Defendant B and C: The latter part of Article 37 of the Criminal Act: Article 39(1) (the crime of this case and the crime for which judgment became final and conclusive at the same time were determined in consideration of equity and equity);

1. Defendant B and C at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Defendant B and C: The portion not guilty under Article 334(1) of the Criminal Procedure Act;

1. The Defendant is in Yangsan-dong, Gwangju, on January 2016, in the facts charged against Defendant A.