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(영문) 부산지방법원 2018.03.23 2017노4371
대부업등의등록및금융이용자보호에관한법률위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. The judgment of the Defendant, as an employee of an unregistered loan company, received more than KRW 34 million of the total amount of interest during the period of crime (for about four months), and received access media necessary for electronic financial transactions in such process, and threatened victims by improper means to collect claims, and the Defendant committed the instant crime during the period of suspension of execution after being sentenced to two years of suspension of execution by the Busan District Court for obstruction of the performance of official duties at Busan District Court, and was sentenced to two years of suspension of execution, and the Defendant committed the instant crime during the period of suspension of execution.

However, it is recognized that the sentence of the court below is unfair because it is recognized that the defendant's mistake is against the defendant and not re-offending, that there is no record of punishment for the same kind of crime without the period of the crime committed by the defendant, that there is no record of punishment for the same kind of crime, that the health of the defendant's mother is not good, that the above victim seeks a preference against the defendant by mutual agreement with the victim F, that the victim seeks the status of the defendant and the degree of participation, and that the degree of the defendant's status and participation in the same and the equity with the punishment in the same kind of case is considered as unfair.

3. As the appeal of the defendant is well-grounded, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act and the judgment shall be rendered again as follows: Provided, That the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act and the judgment shall be made ex officio pursuant to Article 25(1) of the Regulations on Criminal Procedure, since it is obvious that "I" is a clerical error of "R" among the judgment of the court below. [The grounds for re-use] The criminal facts and summary of evidence recognized by this court are the facts constituting the crime and summary of evidence of the judgment of the court below as stated in Articles 2 and 2--B of the judgment of the court below, 369 of the Criminal Procedure Act, and it is identical to the corresponding column of the judgment of the court below except where "I" is used as "R".

The laws and regulations;

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