logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.01.22 2015노2973
대부업등의등록및금융이용자보호에관한법률위반등
Text

The judgment below

Of those, the conviction against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for eight months.

evidence of seizure.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court to Defendant A ( Imprisonment with prison labor for a year and six months, confiscation, and collection) is excessively unreasonable.

B. The prosecutor (as to the part not guilty in the judgment of the court below against the Defendants) received money from the obligor under the pretext of the commission, or concluded a loan contract with the obligor and lent the actual money, and there is evidence supporting the confession of the Defendants as to this part of the charges.

However, the judgment of the court below which acquitted the facts charged is erroneous by misunderstanding the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. Judgment 1 on the Prosecutor’s misunderstanding of the facts or misapprehension of the legal principles 1) The summary of this part of the facts charged is as follows: (a) the Defendants conspired to engage in unregistered loan business in the same manner as stated in paragraph (1) of the facts charged in the judgment below, and received interest exceeding the legal interest under the pretext of interest by lending money to the obligor for a total of 96 times in total, including 96 through 124, 126 through 128, 135 through 140, 142 through 152, 154 through 158, 161, 162, 164 through 185, 187 through 196, 19 through 210, 212 through 215, 217, 218.

2) The lower court and the lower court determined that the Defendants received interest exceeding self-regulation in the event that the Defendants received a lump-sum repayment even once after they concluded a loan agreement with debtors.

In addition, since the defendants did not receive one-time collection from the defendants as to this part of the facts charged, the defendants led to confession of this part of the facts charged.

Even if there is no evidence to reinforce the confession, this part of the charges was acquitted on the ground that there is no evidence to reinforce the confession.

In full view of the records of this case and the evidence duly adopted and examined by the court below, this part of the evidence submitted by the prosecutor alone.

arrow