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(영문) 대구지방법원 2016.10.07 2016노2062

대부업등의등록및금융이용자보호에관한법률위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the suspended sentence and the suspended sentence: fine of five million won) declared by the court below is too uneasy and unreasonable.

2. The crime of this case is likely to be criticized in light of the legislative intent of the Act on Registration of Credit Business, etc. to establish a sound financial order and Protection of Finance Users by eradicating the harm of illegal corporate bonds business, and protecting the debtor.

However, the defendant recognized the crime of this case and is against the law, and there is no record of punishment for the same crime.

There are extenuating circumstances to consider the circumstances leading to the instant crime, and the Defendant runs a credit business after the instant crime was duly completed with the registration of the credit business.

In addition, the Defendant appears to have failed to receive the repayment of the considerable portion of the loan from C, and the profits gained by the loan act against D are not significant.

In addition, comprehensively taking into account the following circumstances, such as the Defendant’s age, character and conduct, environment, criminal records, motive, means and consequence of the instant crime, and circumstances after the crime, it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.