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The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for eight months.
However, the two years each from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (1) is erroneous in the misapprehension of facts, or in the misapprehension of legal principles, and in violation of the Act on the Registration of Loan Business, etc. and Protection of Financial Users, Defendant A did not receive loan brokerage commission from the other party to the transaction, and did not engage in loan brokerage business.
(B) The charge of giving property in breach of trust is that Defendant A only returned the borrowed money or the invested money received from Defendant B and C, and Defendant B and C did not offer property with an illegal solicitation.
(2) The sentence of the lower court against Defendant A (2 years of the suspended sentence of 10 months) is too unreasonable.
B. Defendant B, C (1) misunderstanding of the facts or misunderstanding of the legal principles, Defendant B, and C merely received a return of the loan or investment funds that Defendant A gave to, and did not receive property from Defendant A upon illegal solicitation.
(2) The sentence of the lower court against Defendant B and C (2 years of suspended sentence of 10 months, additional collection of KRW 42,135,750) is too unreasonable.
2. Determination as to the Defendants’ misunderstanding of facts or misapprehension of legal principles
A. (1) The summary of the facts charged (A) is that a loan broker, etc. who receives loan brokerage fees, and an unregistered loan broker, etc. is not a party to a transaction who borrows a loan in connection with a loan brokerage (a) regardless of its name, such as a commission, honorarium, or advance payment.
Defendant
A around November 2014, at the office of certified judicial scrivener M in the second floor of the Gangnam-gu Seoul L Building, around 2014, a certified judicial scrivener M has been engaged in a work related to NPL (NPL). It became a new company in the existing company.
There are many customers in need of the NPL loan through the Internet, and if so, there are many needs for related registration, which is the high demand for the fees of certified judicial scrivener, and one half of them are claimed.