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(영문) 대전지방법원 2016.08.17 2015노1904
여신전문금융업법위반등
Text

Of the judgment of the court of first instance, the part of conviction against Defendant A and the judgment of the court of second instance shall be reversed, respectively.

Defendant

A. Imprisonment.

Reasons

1. The first instance court, among the facts charged against Defendant A, found Defendant A guilty of violating the Act on Specialized Credit Financial Business, such as the facts charged, and sentenced Defendant A to imprisonment for a year and six months. Defendant A was in violation of the High 2013 Labor Standards Act, the upper 2014 upper 521 upper 521 labor standard, violation of the Guarantee of Workers’ Retirement Benefits Act, violation of the High 728 Labor Standards Act, and violation of the Guarantee of Workers’ Retirement Benefits Act. All of the prosecutions against Defendant A were dismissed.

However, since Defendant A and Prosecutor appealed only the guilty portion of the judgment of the court of first instance against Defendant A, and did not appeal against the dismissed portion of the prosecution, only the remaining guilty portion of the judgment of the court of first instance, excluding the dismissed portion of the above indictment, is subject to the judgment of this court.

2. Summary of grounds for appeal;

A. Defendant A1) Of the lower judgment, Defendant A1: (a) comprehensively transferred the assets and liabilities related to the G golf club (hereinafter “instant golf club”) to C (hereinafter “C”) around December 20, 2010 on the charge of 2012 senior 865 senior order; and (b) around December 20, 2010, Co., Ltd. (hereinafter “B”); and (c) C received the payment for the use of the instant golf club from around July 29, 2011, following the completion of the transfer procedure. Accordingly, it is a legitimate exercise of the right of the corporation that acquired the instant golf club.

Therefore, according to the agreement with B, the golf club was exercising the right to receive some of the costs of using the golfel.

D. A credit card terminal that uses C, other than a credit card terminal that uses a credit card merchant as a credit card terminal (hereinafter referred to as “D”) for a stock company (hereinafter referred to as “D”), has settled golf course usage charges, golf telecom accommodation charges, etc.

Even if there is no evasion of compulsory execution against the property in the name of D.

In addition, for the convenience of the users of the instant golf course, Defendant A uses the golf course usage fee, golf telecom accommodation, etc.

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