logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.12.08 2017노3058
대부업등의등록및금융이용자보호에관한법률위반
Text

We reverse the judgment of the first instance court.

A defendant shall be punished by imprisonment for a term of two years and two months.

Reasons

1. Summary of grounds for appeal (misunderstanding of legal principles and improper sentencing)

A. The prosecutor excluded the part where interest was paid in excess of the restriction rate through the application for changes in indictment during the first instance trial. Accordingly, the first instance court ordered changes in indictment and notified the decision to dismiss the prosecution on the part where the indictment was revoked.

However, the first instance court found the defendant guilty on the part of the interest that exceeded the limited interest rate, including the "No. 6 per annum of crime sight 1", which is a violation of the principle of infinite and disadvantage.

B. The sentence of first deliberation (three years of imprisonment) on sentencing is too unreasonable.

2. Determination:

A. In light of the legal principles, the prosecutor excluded the part where interest was paid in excess of the limited interest rate on July 4, 2017 during the first instance trial, following the motion for resumption of pleading and modification of indictment, and accordingly, the first instance court, upon which the prosecutor applied for modification of indictment on July 6, 2017 and notified the decision to dismiss indictment on the corresponding part, was found guilty on the part where the interest was paid in excess of the limited interest rate, including “No. 6 per annum in the table of crime 1”.

However, in light of the total amount of the defendant's crime committed by the first instance court and the progress of the first trial lawsuit, it is obvious that it was an obvious error and affected the judgment.

Therefore, the judgment of the first instance court is not reversed, but it is recognized as a defendant's criminal facts by committing the crime as follows.

B. The first instance judgment of sentencing was directed by the Defendant in relation to the collection of claims in an unlawful manner, such as pressure on repayment, etc., by stating that the team leader or team members employed will call to the debtor who failed to repay as agreed upon, and that they will call to the family and branch members of the debtor.

arrow