logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.01.29 2014노302 (1)
여신전문금융업법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the lower court is too unreasonable.

2. The judgment is based on the following facts: (a) the Defendant committed the instant crime when he was in the trial; (b) the Defendant’s profits acquired by the instant crime appears to have not been much high; and (c) the Defendant, rather than taking overall control of the lending of the name of a credit card merchant, is a “drawer” in charge of delivering the device of a credit card merchant or remitting the money after deducting a certain fee out of the credit card sales amount, and the degree of his participation is relatively minor.

However, the crime of this case was committed in collusion with the accomplices in the judgment of the defendant, and it was not good to form a false credit card merchant, lending its name to other enterprisers, and taking over credit card sales claims, and thereby disturbing the credit card transaction order. The amount of the transaction is also significant. The court below seems to have sentenced the punishment in consideration of all the circumstances favorable to the defendant. The court below's judgment and the punishment are not different in light of equity in sentencing, age, character and conduct, environment, criminal records, occupation, family relationship, economic aspects, the circumstances and contents of the crime of this case, the method and method of the crime, and the circumstances after the crime were committed, and it is not determined that the punishment of this case was excessively unfair.

The defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.

arrow