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(영문) 제주지방법원 2017.12.21 2017노538
이자제한법위반
Text

Of the acquitted portion of the lower judgment, the lower court’s judgment is relevant to: (a) around February 1, 201; (b) around March 10, 201; (c) around April 5, 201; (d) around June 17, 2011; and (e) around August 8, 2011.

Reasons

1. Progress of lawsuit and scope of adjudication of this court;

A. In the process of the instant lawsuit, the lower court found the Defendant guilty on the charge of violating the Act on Interest Limitation and Defamation Nos. 1 in the indictment of defamation, and found the Defendant guilty on the charge of violating the Act on Interest Limitation and Interest Restriction No. 1 in the annexed Table No. 1 in the indictment of defamation, and sentenced the Defendant to a fine of KRW 1,00,000 as to the guilty portion.

(2) The prosecutor appealed by misunderstanding legal principles and misunderstanding of sentencing, and filed an application for changes in the indictment with the content that the portion Nos. 15, 6, 7, 9, and 10 attached Table 1, 6, 7, 9, and 10 attached Table 2, prior to the remanding of the case.

Before remanding, the court of first instance allowed the amendment of the above indictment and reversed the acquitted portion of the judgment of the court below on the grounds of this, and found the not guilty portion of the judgment of the court below not guilty on the following grounds: (a) violation of each interest restriction law listed in attached Table 1, 2, 3, 4, and 8, and violation of each interest restriction law listed in attached Table 2, which is the revised charge of the crime committed; and (b) the prosecutor's remaining appeal was dismissed

(3) The prosecutor appealed to the entire acquittal portion of the judgment of the court prior to remand on the ground of misunderstanding of legal principles, and the Supreme Court reversed the part of the judgment prior to remanding, which was not guilty as to the violation of the Act on the Restriction of Interest in Attached Crimes 2, Table 2, and remanded the relevant part to the court of this case, and the remainder of the appeal by the prosecutor was dismissed.

B. Of the judgment of the court prior to the remanding of the scope of the trial in this Court, the conviction part was finalized by the prosecutor and the defendant who did not file an appeal within the period of appeal. Of the acquittal part, the prosecutor’s appeal was dismissed as the prosecutor’s appeal was dismissed.

Therefore, the scope of this Court's trial is the attached Form, which is the revised charge before the remand.

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