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(영문) 의정부지방법원 2019.05.10 2018노1483

채권의공정한추심에관한법률위반등

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All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of each fine of KRW 7 million sentenced by the court below against the Defendants is too unreasonable.

2. The judgment of the court below is acknowledged that the defendants recognized the facts charged of this case and violated their wrongness, Defendant A agreed with some victims of the crimes violating the Fair Collection and Collection of Claims Act, Defendant A and Defendant C had no previous criminal record, and Defendant D had no record of criminal punishment. However, the crime of this case is deemed to have been committed at an interest rate exceeding 2200% per annum without registration of credit business, and the defendants lent a total of KRW 667,60 million over 1,186 times per annum without registration of credit business, and made intimidation in relation to debt collection. In light of the law, circumstance and contents of the crime, loan amount, loan interest rate, etc., which are very poor in quality of the crime, and in order to establish a sound financial transaction order and protect financial users with weak economic power, there is no special change in circumstances to change the sentence of the court below after the sentence of the court below, and there is no reason to recognize the defendants' punishment of this case as unlawful after all of the defendants' records and circumstances.

3. In conclusion, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.