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(영문) 부산지방법원 2016.08.26 2016노1768
대부업등의등록및금융이용자보호에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence (3 million won, confiscation) of the judgment of the court below against Defendant A (unfair sentencing) is too unreasonable.

B. Defendant B (1) Although the Defendant did not have committed an advertisement on loan business, the lower court found the Defendant guilty of the facts charged in the instant case. In so determining, the lower court erred by misapprehending the legal doctrine.

2) The punishment (one million won penalty) of the lower judgment that was unfair in sentencing is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to Defendant B’s assertion of mistake of facts, Defendant B’s act of advertising the loan business can be acknowledged.

Therefore, Defendant B’s assertion of mistake is without merit.

① Defendant B made the following statements at an investigative agency:

(Evidence Record 51 pages) The name of daily accommodation advertisement using Oral Ba shall be distributed in writing on residential and commercial premises, etc.

(Evidence Records 52 pages) A spreads a name while driving Oral alba, and the low string strings, strings the back strings, and strings the roads on the gold-day albane, and hrings A’s albane and A’s albane were found to have a high arbitrance with A and A’s albane when she turns half during the conversation with A’s albane.

(Evidence Record 53 pages) A distributed advertising name cards while driving Oral Ba, and the author distributed advertising name from the back seat.

(Evidence No. 54) Being legally legitimate is known to it.

② Defendant A stated at an investigative agency as Defendant B’s employee (Evidence 63 pages of evidence record) (3) The advertisement order distributed by Defendant B is written with the phrase on the loan, such as “daily number, monthly money, and dance loan.”

B. As to the Defendants’ assertion of unfair sentencing, the Defendants appear to have rendered judgment.

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