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(영문) 춘천지방법원 2018.05.18 2017노273
대부업등의등록및금융이용자보호에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant: (a) received interest of KRW 20,000,000, not KRW 50,000 from F.

Nevertheless, the lower court erred by misapprehending the facts.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. According to the Defendant’s statement on the assertion of mistake of facts, F with respect to interest of KRW 1 million, the Defendant “30,000,000,000”

The phrase “for example,” instead of doing so, without doing so, put the money received as “for example,” into the prime money without seeing it, and the money received as interest later, was KRW 20,000.

It is difficult to believe that a person engaged in a loan business did not agree on such interest and did not receive the money from the borrower as the borrower gave or receive the money.

On the other hand, F's statement concerning the payment of interest is specific, natural, and false intervention.

There are no circumstances to see.

In full view of the evidence duly adopted and examined by this court, it can be recognized that the defendant was paid KRW 50,000 to F by lending the amount of KRW 1 million per day to F, and that he was paid KRW 50,000.

Even if the defendant received 20,000 won as interest

Even if this exceeds the interest rate prescribed by the Enforcement Decree of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users, it is in violation of the law.

The defendant's assertion of mistake is not accepted.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

In light of the records of this case and the reasons for sentencing on the grounds of the judgment below, even if all the circumstances alleged on the grounds of appeal, including the circumstances revealed in the Defendant’s assertion of mistake of facts, the lower court’s sentence cannot be deemed unreasonable.

. The defendant-appellant.

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