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(영문) 창원지방법원 2013.07.26 2013노716

대부업등의등록및금융이용자보호에관한법률위반등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year of imprisonment, two hundred thousand won of additional collection charges) is too unreasonable.

B. The prosecutor (1) misunderstanding of facts (not guilty part) made a statement at the R's prosecutor's office to the effect that the Defendant received narcotics from the Defendant, and there is a doubt that there is a suspicion that the Defendant would find the maternity with R prior to narcotics immediately after the Defendant returned from China. However, the lower court acquitted the Defendant of this part of the facts charged, which led to an error of misapprehending the facts and affecting the conclusion of the judgment.

(2) The sentence imposed by the lower court on the Defendant is too uneasible and unreasonable.

2. In light of the records, a thorough examination of the prosecutor's assertion of misunderstanding of facts (not guilty part) and the evidence duly adopted and examined by the court below in light of the records, we affirm that the court below judged that there is no proof of criminal facts in the facts charged of this case and sentenced the defendant not guilty of the charges of this case on the grounds that the court below decided in "not guilty part" was just and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts

3. The Defendant’s judgment on the assertion of unfair sentencing by the Defendant and the prosecutor was against the Defendant’s living in custody, agreed with the Defendant F, M, and N, and in particular, the Defendant had the record of criminal punishment on several occasions, despite the fact that the Defendant was under the influence of criminal punishment on the administration of narcotics, and the period during which the Defendant engaged in the credit business without registration is short, and the interest amount received in excess of the highest interest rate stipulated in the “Act on Registration of Credit Business, etc. and Protection of Finance Users,” and the crime similar to the instant crime.