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(영문) 서울서부지방법원 2013.08.13 2013노440
협박등
Text

The judgment below

The parts against the Defendants are reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for ten months.

Reasons

1. The summary of the grounds for appeal (10 months of imprisonment with prison labor for Defendant A, 2 years of suspended execution with prison labor for Defendant C, and 8 months of imprisonment with prison labor for Defendant D) of the lower court is too heavy.

2. Prior to the judgment on the Defendant’s ground of appeal ex officio as to Defendant C’s ground of appeal, the summary of the facts charged in the instant case that “the Defendant engaged in credit business by lending money to P, etc. 19 times in total, as shown in the attached list of crimes, from Oct. 26, 2009 to Oct. 26, 2010” is that “The Defendant, without registering with the competent authority, lent money to P, etc. from Oct. 29 to Oct. 26, 2010.”

However, according to the evidence duly examined and adopted at the trial court, the defendant was sentenced to a fine of 5,00,000,000 won at the Seoul Central District Court on December 24, 2012 due to a violation of the Act on the Registration of Credit Business and the Protection of Financial Users, etc., and the above judgment became final and conclusive on January 1, 2013, and the criminal facts of the final judgment at issue are as follows: "The defendant engaged in credit business by lending money to AB, etc. 16 times from May 1, 201 to May 18, 2012 without the registration with the competent authority," and the defendant continued to engage in credit business without registration from the Seoul Central District Court from July 24, 2009 to May 18, 2012.

According to the above facts, the facts charged in violation of the Act on the Registration of Credit Business and Protection of Financial Users of this case and the facts charged in violation of the Act on the Registration of Credit Business of this case are crimes committed by single criminal intent, and the effect of the above final judgment extends to the above facts charged prior to the pronouncement. Thus, the above facts charged should be acquitted pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act because it falls under the time the final judgment became final and conclusive, and thus, the judgment of the court below affected the conclusion of the judgment.

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