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(영문) 광주지방법원 2013.10.04 2013노1628

대부업등의등록및금융이용자보호에관한법률위반

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not less than eight months.

except that this judgment.

Reasons

1. When considering various circumstances against the Defendants in light of the summary of the grounds for appeal, the sentence of the lower court (one year of imprisonment, one year of imprisonment, and eight months of imprisonment) is too unreasonable.

2. Determination

A. All of the instant crimes committed by Defendant A, the circumstance where illegal collection was made in the course of running a credit business is not discovered, and the parties agreed to refund the interest paid in excess to 46 debtors and to return the interest paid in excess to 46 debtors, and the fact that Defendant A notified the debtor of the waiver of the claim to 81 debtors because he/she would no longer engage in a credit business is favorable.

However, the crime of this case is against the legislative intent of the Act on Registration of Credit Business, etc. and Protection of Finance Users in order to establish sound financial transaction order and protect the debtor by eradicating the harm of illegal bond business, and the legislative intent of the Act on Registration of Credit Business, etc. and Protection of Finance Users in order to protect the debtor, and the case is not less easily considering the size of loan money (total amount of KRW 775,000,000), the number of crimes (total amount of KRW 347), the number of operating periods (one year and four months), the degree exceeding the limited interest rate ( maximum of KRW 436.7%). The defendant has been punished several times for the same crime (one fine and one suspended sentence), and the defendant committed the crime of this case by systematically employing employees.

In full view of these circumstances, considering all the sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, family environment, etc., the lower court’s sentence cannot be deemed to be too unreasonable, and the Defendant’s assertion is without merit.

B. Defendant B committed the instant crime even though he/she was sentenced to a fine once for the same crime.