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(영문) 서울남부지방법원 2020.10.27 2020노1517
여신전문금융업법위반등
Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts and misunderstanding of legal principles (as to the crime No. 1 in the original judgment), Defendant A was merely subject to fraudulent use of the name, and did not have registered as a business operator or registered as a credit card merchant, and did not lend it to another person. 2) An unreasonable sentencing decision: Imprisonment with prison labor for the crime No. 1 in the judgment of the court below, for 6 months, 2 and 3 years

B. Prosecutor 1) Defendant A (the crime No. 1 in the original judgment, unreasonable sentencing: 6.2) Defendant B received documents and money necessary for the transfer of the main points of this case, such as a certified copy of A’s resident registration and a certified seal imprint, from a customer of “Y” who is not A, and if Defendant B was planned to operate the main points of this case directly, Defendant B was aware of the fact that Defendant B was a lender of A’s name, and was involved in the operation of the main points of this case after the application for business change. In light of the fact that Defendant B was willing to operate the main points of this case, “the power of delegation to seal imprint” is unnecessary documents, and there was no reason to receive documents related to the business closure from A in advance, and that Defendant B was not the main operator of the main points of this case, and it is sufficient to view that Defendant B was involved in the operation of the main points of this case after the application for business change. Thus, Defendant B in collusion with

2. Judgment on Defendant A

A. Defendant A also asserted the same purport as the grounds for appeal in this part, and the lower court rejected Defendant A’s allegation on the erroneous determination of facts and misapprehension of legal principles on Defendant A’s assertion on the grounds of the facts indicated in its reasoning.

The facts of the judgment of the court below are as follows, which are: (a) in the part relating to the application for the registration of the business under the name of the defendant A, "in person: Z" is stated, but the following "agent" is not entirely specified, and its signature or seal is affixed.

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