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(영문) 대구지방법원 2015.08.13 2014노2813
대부업등의등록및금융이용자보호에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) A person who lends money to theO is not the defendant, but H. 2) A part of the monetary transactions between the defendant and M is short of lending, but the remainder is either induction or investment.

3) A person who lends money to F is not the Defendant but E. 4) The Defendant did not lend money to N, and the Defendant lent or invested money to N’s partner A Q.

B. Legal principles 1) The Defendant merely lent money to Ma, P, Q 3, who is a branch for up to 15 times for 6 years, and thus, it cannot be deemed that the Defendant engaged in credit business. 2) The Defendant’s lending to O and partial lending to Ma (the first instance judgment Nos. 1 through 4) was completed prior to the instant indictment, and thus, acquittal should be pronounced.

C. The lower court’s sentence of unfair sentencing (ten months of imprisonment and two years of suspended sentence) against the Defendant is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined at the lower court’s judgment on the part of O’s lease of money to P, as shown in the No. 1 of the crime list attached to the lower court, the fact that the Defendant lent money to P is sufficiently recognized. ① H andO have consistently offered from the prosecutor’s office to the court of the lower court to the court to the effect that the Defendant loaned money from H and again lent money to P (the investigation record is 803, 920, 71, 139). The I’s prosecutor’s office and the court of the lower court that introduced H are consistent with the above statements of H andO (the investigation record is 99 pages, the trial record is 87 pages). ② For approximately eight months thereafter, H andO have been transferred from the account of the Defendant’s management to the representative director’s account (the investigation record is 813,507,000).

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