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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of the defendant, as stated in the facts charged of this case, although it can be acknowledged that the defendant had engaged in unregistered loan brokerage business as stated in the facts charged of this case.
2. Determination
A. A person who intends to engage in loan brokerage business based on the summary of the facts charged in this case shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor or Special Self-Governing Province Governor
Nevertheless, the Defendant, without registering with the competent authority around January 17, 201, arranged to obtain a loan from the loan brokerage office operated by the Defendant located in Dongjak-gu Seoul Metropolitan Government D to obtain an amount not accurately known to E, and received KRW 400,000 from E to the agricultural bank account in the name of F Co., Ltd. under the name of brokerage commission and received the transfer of KRW 400,000 from E to the agricultural bank account in the name of F Co., Ltd. from that time until March 18, 2011.
Accordingly, the defendant, without registering with the competent authorities, operated a loan brokerage business.
B. The lower court determined that the instant facts charged constitute a case where there is no proof of crime, and thus, acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act.
C. Direct evidence consistent with the facts charged in this case’s judgment, there was a suspect interrogation protocol of the defendant who led to the confession of the facts charged in this case. According to the prosecutor’s interrogation protocol of the above prosecutor’s office, at the time of the prosecutor’s investigation, the defendant conducted loan brokerage business at the third floor office of the commercial building located in Dongjak-gu Seoul Metropolitan Government as stated in the facts charged in this case, and led the defendant to receive brokerage commission indicated in the attached list of crimes, and made a relatively detailed statement on the circumstances, employees, methods of business, etc. of leasing the above office.