Text
The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
1. Summary of grounds for appeal;
A. In fact, the lower court convicted the Defendant of the part of the facts charged in the instant case that the Defendant engaged in a non-registered loan business, but the so-called so-called “large-scale payer” has already been loaned at the time of paying money to the credit card holders, and the Defendant is merely involved in collecting the principal and interest of the loan after the payment by credit card holders, and as such, the business operator acting on behalf of credit card holders as the Defendant is engaged in the act of lending only in collecting the principal and interest of the loan after the payment by credit card, and is not involved in all of the loan itself. Therefore, it is unreasonable that the so-called “large-scale payer”
Nevertheless, the judgment of the court below which convicted the defendant of this part of the facts charged is erroneous in the misunderstanding of facts and legal principles.
B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.
2. Determination on the misapprehension of facts and misapprehension of legal principles
A. Article 30 of the Criminal Act provides that two or more principals jointly commit a crime. In order for a joint principal to be established, a crime is required to be committed through functional control by a joint doctor, which is a subjective requirement, through the intent of joint processing and objective requirements, and the intention of joint processing is to be integrated for the purpose of committing a specific criminal act with a common intent, and to shift one’s own intention to conduct a specific criminal act by using another’s act.
In addition, it is not sufficient to recognize another person's crime but to accept it. However, there is a mutual understanding that there is no need to do so even in advance, and each accomplice's act is in essence related to the composition requirements or the composition requirements.