beta
Text
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. Fact-finding misunderstanding (as to Section 1-C of the facts stated in the judgment below), the Defendant does not arrange a loan to N for profit-making purposes, but merely inform N of the loan product. B. Sentencing unfair sentencing (as to KRW 5 million) of the lower court’s punishment is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. On May 27, 2015, the summary of this part of the facts charged: (a) the Defendant arranged to obtain a loan of KRW 29,500,000 by making an application, etc. related to the special loan during the period of success in BS business (the Busan Credit Guarantee Foundation), which is a low interest-interest loan product sold at the above branch, upon request from H, which is the head of the branch office of the Busan Bank G G branch of the Busan Bank, on condition that the Defendant subscribed to the variable’s office located in M(State) in the Busan City L (State), and arranged to obtain a loan from the lender of the above branch.
B. The term “loan brokerage business” means engaging in loan brokerage business (Article 2 subparag. 2 of the Act on the Registration of Loan Business, etc. and Protection of Financial Users). Here, the term “loan brokerage business” refers to a continuous continuation by an actor for profit-making purposes.
In this regard, the following circumstances acknowledged by the court below and the court below's duly adopted and examined: ① Defendant and N is between high school and high school; ② N was introduced by the Defendant to transfer the existing Nong Bank to Busan Bank on May 27, 2015; but there was no additional loan around that time; ③ N was in the court of first instance to find out the place of business in the current situation where the existing loan maturity comes due, and it is reasonable to find out the place of business at the court of first instance to find out the place of business.