logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.02.11 2013노1704
특정경제범죄가중처벌등에관한법률위반(사금융알선등)
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the court below which convicted the defendant, did not err by mistake of facts that affected the judgment, although the defendant merely prepared a loan certificate on behalf of others in the act of borrowing money between others, and did not participate in other matters, and did not arrange a lending of money.

2. According to the evidence duly admitted and examined by the lower court, the Defendant was punished by a fine of KRW 1 million on June 13, 2013 due to excess loans to F, even though F was granted a loan from D Credit Cooperatives (former CFF) that Defendant’s work, and the president of the Defendant and the Association E’s work, due to such excess loans to F.

In order to repay the partnership loans, F did not pay off the loan amounting to KRW 100,00,000,000 to the defendant, if the loan was lent to the defendant, and requested the bond collector to pay off the loan amount. The defendant was aware of the person who will lend the loan to the above E through E, and the defendant was asked F to introduce the victim H through E. In light of the circumstances in which the F was introduced the victim, it is reasonable to see that the defendant was actively involved in the process. ② As F did not pay the loan amount as agreed, the defendant did not make the loan amounting to KRW 10,000,000,000,000 to the victim, and the victim started compulsory execution procedure for the credit union's property, and then the defendant was to receive the loan from the victim and to pay KRW 30,000,000,000 to the victim. Such behavior cannot be viewed as an act by the person who merely prepares only the loan amount, as seen above, the defendant has an excessive interest between the associationF and the union.

arrow