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(영문) 울산지방법원 2017.09.22 2017노948

대부업등의등록및금융이용자보호에관한법률위반

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the facts constituting the crime of Article 2 of the judgment of the court below, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment, although the defendant did not have received interest from the damaged person in excess of 25% per annum, which is the highest interest rate under the Interest Limitation Act.

B. The sentence sentenced by the lower court to the Defendant (an amount of four million won) is too unreasonable.

2. In light of the following circumstances acknowledged by the lower court’s duly adopted and investigated evidence, namely, the Defendant stated in the original court’s first instance court that “The amount of the charge that the Defendant suffered is less than the amount stated in the facts charged,” and the investigation agency also acknowledged the fact that the Defendant lent the victim by applying the interest rate exceeding 25% per annum, which is the highest interest rate under the Interest Limitation Act, to the victim’s statement. In full view of the relevant evidence including the victim’s statement, even though the amount of the interest that the Defendant received from the victim was somewhat different from the amount stated in the facts charged under Article 2 of the Interest Limitation Act, it can be acknowledged that the Defendant received interest exceeding the highest interest rate under the Interest Limitation Act from the victim.

Therefore, the judgment of the court below which found the defendant guilty of this part of the facts charged is just and there is no error of law as pointed out by the defendant.

Therefore, this part of the defendant's argument is without merit.

3. The Defendant committed the instant crime at a disadvantage of the Defendant, such as the fact that he/she was indicted for committing an offense that the court received interests in excess of self-regulation, despite the fact that in 2014, the Defendant committed the instant crime, which was disadvantageous to the Defendant, and the age, sex, environment, and environment of the Defendant.