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(영문) 대법원 2014.06.26 2014도823
대부업등의등록및금융이용자보호에관한법률위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of violating the Fair Debt Collection Practices Act among the facts charged in this case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the law of logic and experience

In addition, the argument that there is no misapprehension of legal principles as to the interpretation of Article 19 (2) 3 of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and that there is no credit business, and that there is no legitimate ground for appeal as to the violation of the Fair Debt Collection Practices Act, all of the legitimate grounds for appeal are asserted in the ground for appeal by the defendant as grounds for appeal or by the court below as the subject of ex officio judgment.

Meanwhile, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. As such, the argument that the sentence is too unreasonable is not a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment in light of the records, it is justifiable for the lower court to reverse the first instance judgment that found the Defendant guilty on the ground that there was no proof of crime regarding the violation of the Act on Registration of Credit Business, etc. and Protection of Finance Users by lending KRW 20 million to Victim E from November 2, 2009 among the facts charged in the instant case, and to have acquitted the Defendant, contrary to what is alleged in the grounds of appeal, contrary to what is alleged in the grounds of appeal.

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