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(영문) 서울동부지방법원 2014.10.23 2014노878
대부업등의등록및금융이용자보호에관한법률위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is against the Defendant’s depth in committing the instant crime, and in light of the following: (a) the Defendant committed the instant crime on the part of the law, but did not lend money twice; (b) the principal was not recovered; and (c) the Defendant attempted to live faithfully and faithfully in home; and (d) there was no previous conviction, the sentence imposed by the lower court (two months of imprisonment and one year of suspended execution) is too unreasonable.

2. In light of the following facts: (a) the Defendant was in profoundly against the instant crime; (b) the lending of the Defendant as a credit service provider appears to be a single case; (c) the lending of the principal was made in excess of the interest rate prescribed by the Presidential Decree; (d) the Defendant was not recovered in full; (c) there was no record of crime; (d) the Defendant was able to lead a sincere life in the course of providing and delivering the kitchen support and delivery services for the restaurant after the instant crime; and (e) other Defendant’s age, character and behavior, environment, motive and means of the crime; (e) the motive and means of the crime; and (e) the circumstances after the crime, etc.

Defendant’s assertion is with merit.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is reasonable, and the judgment

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 19 (2) 3 and Article 8 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and the Selection of Fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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