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(영문) 서울중앙지방법원 2013.11.13 2013노3341

대부업등의등록및금융이용자보호에관한법률위반

Text

The judgment of the first instance shall be reversed.

Defendant

Punishment A to a fine of KRW 3,00,000, and a fine for Defendant B.

Reasons

1. The summary of the grounds of appeal is unreasonable. 2. Although the judgment of the court of this case 2. The defendants had a record of being sentenced to suspension of indictment for each of the crimes in this case, the defendants were able not to repeat again as they committed the crimes in depth. The defendant B's participation in the loan company's employees is relatively minor, the defendant's principal assistance was not sufficiently repaid from the debtor so far, and the defendant suffered a relatively large amount of loss due to his failure to receive proper repayment from the debtor. In full view of the defendants' age, character and behavior, family character, family character, motive and circumstance of the crime, and circumstances before and after the crime, each of the fines imposed by the court of first instance on the defendants is somewhat inappropriate.

3. According to the conclusion, as the appeal by the Defendants is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 19(2)3, 8(1), and 30(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, which are applicable to facts constituting an offense, and the choice of punishment (the choice of each defendant, each of the fines) and Articles 70 and 69(2)1 of the Criminal Act, respectively, Article 334(1) of the Criminal Procedure Act.