logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 (창원) 2017.07.26 2017노80
감금치상등
Text

The judgment below

The guilty portion against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Of the facts charged against the Defendant, the lower court acquitted the Defendant on the charge of registration of large-scale side business, etc. due to violation of the restriction on the interest rate at the time table (7) attached to the lower court and violation of the Act on the Protection of Financial Users, and convicted the Defendant of the remainder of the facts charged.

On the other hand, only the defendant filed an appeal against the guilty portion of the judgment of the court below to separate the violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users. Therefore, only the remaining guilty portion of the judgment of the court below excluding the acquittal portion is subject to the

2. The summary of the grounds for appeal explicitly withdrawn the remaining arguments except unfair sentencing on the first trial date.

The punishment sentenced by the court below against the defendant (the imprisonment of two years and six months, the additional collection of 105,01,186 won) is too unreasonable.

3. Prior to the judgment on the grounds for ex officio appeal, the prosecutor examined ex officio prior to the judgment on the grounds for the appeal by authority, and the prosecutor applied for changes in the indictment with respect to the registration of large side businesses, etc. due to violation of the debtor K's interest rate limitation from March 15, 2008 to November 21, 201, and violation of the Act on the Protection of Financial Users, among the facts charged against the defendant, as follows. The subject of the judgment by this court was changed by granting permission.

As such, the changed part of the judgment of the court below and the remaining part of the conviction in the judgment of the court below should be sentenced to a single sentence in the concurrent crimes relationship under the former part of Article 37 of the Criminal Act, and eventually, the conviction part against the defendant in the judgment below

Where a credit service provider who was unregistered after the change of facts charged makes a loan, it shall not receive interest exceeding the interest rate of 30% per annum.

Nevertheless, the Defendants leased KRW 10,00,000 to K, such as the date and time as described in the above paragraph (a), at the same place as described in the above paragraph (a), and bear the expenses from K on the same day.

arrow