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(영문) 서울중앙지방법원 2017.11.02 2017노1987
여신전문금융업법위반
Text

The part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance shall be reversed.

The defendant shall be punished by a fine of five million won.

Reasons

The gist of the grounds for appeal (misunderstanding of the facts, misunderstanding of the legal principles, and misunderstanding of the legal principles as to the violation of the Act on the Financial Business Specializing in Credit (2017 No. 1987) is against the principle of non-existence of Article 13(1) of the Constitution that the Defendant, who was sentenced to imprisonment with labor for one year at the Seoul Central District Court on September 8, 2016 and was punished for the same crime on September 20, 2016 when the judgment became final and conclusive on September 20, 2016, even though he was sentenced to a punishment for the same crime, he/she again was sentenced to a punishment for the same crime.

The defendant, who developed a game machine itself, returned most of the investment funds provided by many unspecified persons except some of them, and all investors agreed to be punished. However, the court below erred by misapprehending the legal principles on the violation of the law on credit-specialized financial business by misunderstanding the fact that the court below's punishment for the investment funds was insufficient, and misapprehending the legal principles on the violation of the law on credit-specialized financial business.

The judgment of the court below 1 and 2 sentenced 500,000 won each of the penalties against the illegal defendant in sentencing.

The sentencing of the first instance judgment is as follows: (a) The sentencing of the judgment of the Seoul Central District Court is more severe than the sentencing of the judgment of the court below on September 20, 2016 and the latter concurrent crimes under Article 37 of the Criminal Act; (b) the sentencing of the second instance judgment does not exceed five million won after the amount of damage the injured party has not been repaid; and (c) the judgment of the court below on September 20, 2016 at the Seoul Central District Court 2015 High Court 8150 High Court 2015 High Court 2015 High Court 2016 High Court 8150, which would have no effect on the sentence that the accused would have to receive for the case, etc., if the judgment had been rendered like some criminal facts of the final judgment of the court 2016.

The decision of the court of first instance is a crime of decision of authority.

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