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(영문) 서울동부지방법원 2016.11.10 2016노895
여신전문금융업법위반
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won per fine) against the Defendants is too unreasonable.

2. We examine the judgment. The size of the instant transaction is 25,915,00 won more than 194 times, and most of the sales during the instant crime period are settled with a device leased from Defendant A, etc. It is not good that Defendant B committed the instant crime as it was seized by the creditor of his deposit account, and the motive for the instant crime cannot be said to have been good.

However, in light of the fact that the Defendants did not exchange the price for the instant crime, there is no possibility of additional criticism, such as that the Defendants were evading tax due to the instant crime, and Defendant A did not have any record of being punished in addition to the punishment for suspended sentence of this kind, and Defendant B had no record of being punished by a fine over five times, but there was no record of being punished otherwise, the lower court’s punishment against the Defendants is unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendants' appeal is well-grounded, and the judgment below is ruled as follows.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are the same as that of each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 70 (4) 6 of the Specialized Credit Finance Business Act and Article 19 (5) 4 (Selection of Fines);

(b) Defendant B: Articles 70(3)3 and 19(5)3 (Selection of Fines) of the Specialized Credit Finance Business Act;

1. Defendants of detention in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. The order of provisional payment;

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