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(영문) 광주지방법원 2020.09.03 2019노2547

대부업등의등록및금융이용자보호에관한법률위반

Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The judgment of the Defendant is an unfavorable circumstance to the Defendant, such as the fact that the amount of loan without registration of credit business exceeds KRW 200 million, and that the interest rate exceeding the interest rate under the Interest Limitation Act exceeds the maximum of 133% per annum.

On the other hand, it is advantageous to the fact that the defendant recognizes and reflects the crime of this case, there is no penalty exceeding the fine, and there is no criminal record for the same kind of crime, and the part that received interest exceeding the limited interest rate is part of the above 200 million won, and there is a considerable portion of the excess which is very high as 36% per annum.

In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, as well as various sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment is deemed too unjustifiable, and thus, the Prosecutor’s assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.