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(영문) 수원지방법원 2013.04.25 2012노1648 (1)
대부업의등록및금융이용자보호에관한법률위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts is merely merely an employee of a unregistered loan business entity operated by E, and there was no fact that the Defendant, as the business entity, engaged in the instant unregistered credit business.

B. The lower court’s sentence of unreasonable sentencing (a fine of 6 million won) is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

(1) In a case where the service of documents becomes impossible, an attempt should be made to find a place where the defendant can receive documents, such as serving documents to the actual place of residence recorded in the record prior to the decision of service by public notice, or confirming by telephone, etc., and it is unlawful to render a judgment without the defendant’s statement without taking such measures.

(2) According to the court below's decision of service by public notice, the court below's decision of service by public notice should be made without taking measures to identify the location of the defendant, such as confirming contact with the above mobile phone number prior to the decision of service by public notice, and the court below's decision of service by public notice was made without the defendant's attendance. If the facts are the same, the court below cannot be deemed to have taken necessary measures to identify the location of the defendant, and thus, the case cannot be deemed to constitute "when the dwelling, office, or present address of the defendant is unknown" which is the requirement of service by public notice, and therefore, the court below's decision of service without the defendant's statement should be made without any justifiable reason and the defendant's order of service by public notice should not be deemed to have been made without the defendant's opportunity to appear.

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