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(영문) 대구지방법원 2019.05.17 2018노4620

대부업등의등록및금융이용자보호에관한법률위반

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant's mistake is recognized and against the defendant, and that there is no same criminal record.

However, in full view of the following circumstances: (a) the act of receiving interest exceeding the unregistered credit business and the limited interest rate, such as the instant crime, requires strict punishment for a crime that causes significant social harm, such as impairing the sound development of credit business and causing damage to finance users; (b) the instant crime period reaches four months; (c) the amount of the loan does not reach a large amount; and (d) the amount exceeding the restricted interest rate is very large; and (c) the Defendant committed the instant crime without being aware of the fact that the Defendant committed the instant crime even during the period of repeated crime due to the instant crime, and other circumstances that are conditions for sentencing, including the Defendant’s age, character and behavior, environment, and circumstances after the crime, it cannot be deemed that the lower court’s sentence is too unreasonable to the extent that it is deemed that the Defendant exceeded

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.