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(영문) 전주지방법원 2014.02.14 2013노1395

대부업등의등록및금융이용자보호에관한법률위반등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall sentencing conditions of the Defendant, the sentence of the lower court (the sentence of the first and second crimes at the time of original adjudication: the fine of the KRW 5,000,000, and the KRW 3 crimes at the time of original adjudication: the fine of the KRW 5,000,000) is too unreasonable.

B. In light of all the sentencing conditions of the prosecutor, the sentence of the lower court is too unfasible and unfair.

2. Determination on the grounds for appeal

A. On July 11, 2008, the Defendant was sentenced to six months of imprisonment for a violation of the Act on Registration of Credit Business and Protection of Financial Users, etc. at the Daejeon District Court on July 1, 2008, and the execution of the sentence was completed on October 28, 2008, and repeatedly committed the instant crime within the same repeated offense period, and the Defendant has been sentenced to a fine on three occasions for the same kind of crime in addition, it is necessary to punish the Defendant with strict punishment.

However, all of the instant crimes are recognized by the Defendant, and their depth is divided, and the lower court exempted the remaining obligations against F and G at the lower court. The instant crime is in the concurrent relationship between the Act on Registration of Credit Business and Protection of Financial Users, which became final and conclusive on August 20, 2012 and the crime of this case under the latter part of Article 37 of the Criminal Act, which may be mitigated or exempted from punishment in consideration of equity and equity. In full view of the Defendant’s age, character and behavior, environment, circumstances leading up to the instant crime, means and consequence of the Defendant’s occurrence of the instant crime, and the circumstances before and after the instant crime, etc., the lower court’s punishment against the instant crime Nos. 1 and 2 at the time of original adjudication is deemed to be too heavy or too unreasonable. Thus, each of the Defendant and the prosecutor’s grounds for unfair sentencing are without merit.

B. On August 10, 2012, the Defendant was sentenced to imprisonment for a violation of the Act on Registration of Credit Business and Protection of Financial Users at the Jeonju District Court on August 10, 2012, and completed the execution of the sentence on January 27, 2013, and committed the instant crime within the repeated offense period.