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(영문) 인천지방법원 2013.12.13 2013노2645
대부업등의등록및금융이용자보호에관한법률위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (one year of suspended sentence in October, and one year of community service order) of the lower court is too unreasonable.

2. The judgment of the court below is justified in light of the following factors: (a) the Defendant’s period of running credit business without registering the Defendant; (b) the Defendant’s individual loan amount was leased during a long-term transaction relationship with the borrower in a small amount; (c) the relationship with the borrower as the victim; (d) some of them do not want the Defendant’s punishment; (e) the Defendant’s primary offender is the Defendant’s age, character and conduct, and environment; and (e) all of the sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, etc.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted 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 (1) 1 and Article 3 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts and Article 19 (1) 3 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Selection of Imprisonment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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