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(영문) 서울중앙지방법원 2019.02.15 2018노3665
대부업등의등록및금융이용자보호에관한법률위반
Text

The judgment of the court below is reversed.

Acquittal of the accused shall be acquitted.

Reasons

On December 20, 2013, the Defendant was sentenced to a fine of seven million won for a violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users (hereinafter “Credit Business Act”) in the Seocheon Branch of the Daejeon District Court on December 20, 2013, and the said judgment became final and conclusive on December 28, 2013. The crime of the said judgment and the facts constituting the crime of the lower judgment, which became final and conclusive, shall be deemed to have a single comprehensive crime.

As long as there exists a final judgment on part of the crime related to the blanket crime, the judgment of acquittal shall be pronounced on the facts constituting the crime of the judgment below.

The sentence of unfair sentencing (10 months of imprisonment) by the lower court is too unreasonable.

The summary of the facts charged in this case is that the defendant is a person who operates a loan brokerage office in the office of the Dispute Resolution Co., Ltd. in Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as the "C"), and a person who intends to operate a loan brokerage business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor,

Nevertheless, on March 13, 2012, the Defendant, without registering a loan brokerage business with the competent authority, conducted the loan brokerage business by mediating D, the loan clients, to transfer the total of KRW 700 million, including KRW 250,000,000 in Jeonju E, KRW 250,000,000 in Jeonju, KRW 250,000 in Jeonju, and KRW 200,000 in Jeonju, to the H bank account (I) in the name of H bank.

Judgment

On December 20, 2013, the Defendant was sentenced to a fine of KRW 7 million as a violation of the Credit Business Act from the astronomical Support on December 20, 2013, and the said judgment became final and conclusive on December 28, 2013.

(2013 high-level 494). The criminal facts of the above final judgment are substantially run by the Defendant, “C,” a mutual loan company in Gangnam-gu Seoul Metropolitan Government, and C, upon completion of the registration of credit business on April 24, 2009, is a person who is unable to engage in the loan-related business due to the expiration of the effective renewal period, and N, without the trade name, at the third floor office located in the Seodaemun-gu, Seo-gu, Seoul Metropolitan Government.

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