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The judgment of the court below is reversed.
A fine of 3,00,000 won is imposed on a violation of the law of financial business specializing in credit that the defendant decided.
Reasons
1. Sentencing sentencing on the gist of reasons for appeal
2. According to Article 32(6) and (1) of the Act on Corporate Governance of Financial Companies and Article 27(3) and Article 5 subparag. 29 of the Enforcement Decree of the same Act, concurrent crimes, which are different from those of the offense of violation of the Act on Corporate Governance of Financial Companies for Ex officio Determination, should be tried and sentenced separately, notwithstanding Article 38 of the Criminal Act.
Nevertheless, the judgment of the court below which rendered a single sentence pursuant to Article 38 (1) 2 and 3 of the Criminal Act is erroneous in the misunderstanding of legal principles, which affected the conclusion of the judgment.
3. Therefore, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed, and it is so decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act (aggravating point, a punishment by imprisonment), Article 330 of the Criminal Act, Article 319 of the Criminal Act, Article 319 (1) (a) of the Criminal Act, Articles 342 and 330 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 (a) of the Act on Special Cases concerning Credit Financial Business, Article 70 of the Act (a comprehensive use of stolen credit cards, selection of fines), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (a fine)
1. Article 35 of the Criminal Act for aggravated repeated crimes: Provided, That the same shall not apply to a violation of the Act on Specialized Credit-Related Financial Business and a violation of the Road Traffic Act (non-licenseed) ;
1. Article 32 (6) and (1) of the Act on Corporate Governance of Financial Companies that separate concurrent crimes (Separation of a violation of the Act on Specialized Credit Financial Business and the remaining crimes);
1. The aggravated Criminal Act for concurrent crimes.