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(영문) 수원지방법원 2014.12.18 2014노3326
여신전문금융업법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant conspireds with K and one-person L and lent the name of credit card merchant to another person on or around December 2008. Since the above judgment and the facts charged in this case are in the relation of a blanket crime, the facts charged in this case should be acquitted as they constitute a final judgment.

(Lawio) In addition, the court below's punishment (2 million won of fine) against the defendant is too unreasonable.

(F) Determination; 2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of legal principles, the defendant was entitled to lend the name of a credit card merchant to another credit card merchant on December 27, 2008. The defendant was issued a business registration certificate (representative: K) with the trade name "M" from K on December 1, 2008. The new bank bank on December 5, 2008. The new bank bank opened a passbook on December 8, 2008. The one person L opened a credit card merchant under the name of "M" and lent the name of another credit card merchant on December 27, 2008." However, considering the fact that there was a final judgment in the court below as to the crime, the defendant's assertion that there was no comprehensive relation between the crime of this case and the accomplice, the period, object, method, etc. of the crime of this case is without merit.

B. As to the assertion of unfair sentencing, the Defendant led to the confession of the crime, and the crime of this case and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, in determining the punishment for the crime of this case, the circumstances favorable to the Defendant, such as the determination of the punishment for the crime of this case at the same time with the above final judgment and the consideration of equity

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