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(영문) 대구지방법원 2015.05.29 2014노1281
대부업등의등록및금융이용자보호에관한법률위반
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. The sentence imposed by the court below (one year of suspended sentence for six months of imprisonment) is too unreasonable.

2. When the judgment prosecutor made an application for changes in the indictment of this case as stated in the following criminal facts, and since this court permitted this, the judgment below was no longer maintained.

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts

1. The accused, C, or D shall, when they intend to run a credit business without registration, file for registration with the competent administrative agency;

Nevertheless, C plays a role in raising funds necessary for credit business as one pre-registered owner, D has a general role in managing unregistered credit business that is not registered with the competent authority in Jeonju-si, Ysan-si, etc. with funds created by C, and the Defendant, upon receiving D instructions from D, has been in charge of spraying and collecting borrowed advertisements at Jeonju-si, etc. in order to conduct the high interest-free credit business.

D around November 2012, 2012, without registering a credit business to the competent authorities, and after receiving KRW 70,000,000 from C as necessary for credit business, the proceeds will be divided half-yearlyly. On November 23, 2012, G and the Defendant directed G and the Defendant to engage in the business of spraying and collecting borrowed advertising leaflets, and, on March 18, 2012, he/she borrowed KRW 1,00,000 per day after deducting KRW 1,00,000 as advance interest, and deducted KRW 26.7% per annum, including principal and interest, from being paid for 65 days each day.

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