대부업등의등록및금융이용자보호에관한법률위반등
All appeals filed by prosecutors and defendants are dismissed.
1. The summary of the grounds for appeal declared a fine of eight million won against the defendant. The prosecutor asserted that the sentence of the court below is too unjustifiable, and the defendant did not submit the grounds for appeal within a legitimate period, and the defendant stated the grounds for appeal verbally on the first trial date of the court of first instance at the latest.
The Court asserts that the sentence of the court below is too unreasonable.
2. We examine both the judgment and the defendant's assertion of unfair sentencing.
Each of the instant crimes committed by the Defendant, without registering a credit business with the competent Mayor/Do Governor, lends money to E and H several times, and collected claims, such as interest and principal, exceeding the interest rate of 30% per annum from the hospital by means of assault, intimidation, confinement, etc. on several occasions, which are dentists, by finding E, a dentist, at the hospital treatment time, and which is not good, and the crime is not committed. Such acts are the human beings by creating the legislative intent of the Act on Registration of Credit Business and Protection of Finance Users, the purpose of legislation of the Act on the Protection of Finance Users, and a fair debt collection climate for the purpose of establishing a sound financial order and protecting weak economicly
Considering that it is a crime that seriously infringes on the legislative intent of the law on the fair collection of claims for the purpose of protecting the just life and peaceful life, it is necessary to give severe warning to the defendant.
However, the defendant shows the attitude of recognizing and opposing all of the crimes of this case, and is in the position to support the elderly, wife, and children, and there is no need to find E, etc. without engaging in credit business in the future. The defendant agreed with E in the trial process of the court below, and the first head of the court below stated in the judgment below, and the crime of violation of the Act on the Control of Narcotics, etc. (fence) and the latter part of Article 37 of the Criminal Act are concurrent crimes under Article 39(1) of the Criminal Act.