logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2018.03.22 2016노587
대부업등의등록및금융이용자보호에관한법률위반
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. In fact D, from July 16, 2014 to July 18, 2015, the Defendant paid 23,390,000 won (23,730,000 won stated in the facts charged) to the Defendant, even though he did not repay the borrowed amount of KRW 12,00,000 on July 11, 2014, he/she received interest exceeding the limited interest rate with respect to the said 12 million won.

The judgment of the court below which affected the conclusion of the judgment by misunderstanding the facts.

B. The sentence of the lower court’s unfair sentencing (five months of imprisonment, two years of suspended sentence, one year of surveillance of protection, and eight hours of community service order) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. According to the evidence adopted and examined by the lower court, the following facts can be acknowledged.

1) There were several occasions of money transactions between the Defendant and D, but the Defendant intended to transfer money to D’s account and directly given cash.

Details of transfers made by the defendant to the account before July 11, 2014, and the borrowed certificates drawn up by D are as follows:

Serial 1: 00,00 2.00 : 00: 30,000 on July 12, 2012; 300,000 on December 11, 2012; 300,000 on March 5, 2013; 16,00,000 on April 16, 200; 1. 00 6,000 on June 17, 2013; 1. 30,000 on April 16, 200; 1. 30,004 on April 16, 200, 200 on April 16, 200, 200 on April 16, 2000; 1. 30,000 on April 16, 2014;

arrow