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(영문) 부산지방법원 2013.05.02 2013노206

대부업등의등록및금융이용자보호에관한법률위반등

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

Each sentence sentenced by the court below to the defendants (the defendant A: 2 years of suspended execution and fine of 5 million won in June, and the defendant B: 2 years of suspended execution and fine of 7 million won in August) are deemed to be too unfortunate and unfair.

Judgment

In light of the legislative intent of the Act on the Registration of Credit Business, etc. and the Protection of Finance Users, it is recognized that the case is not easy in light of the following: (a) the Defendants, while running the unregistered credit business, received interest exceeding the statutory interest rate from the obligors, and purchased goods purchased by the users of telecommunications and gold services; and (b) the Defendants, in light of the legislative intent of the Act on the Registration of Credit Business, etc. and the Protection of Finance Users, with the aim of establishing a sound financial order and protecting debtors who lack economic capacity.

However, in light of the following circumstances: (a) the Defendants were led to confession from the investigative agency to the crime of this case; (b) there is no record that the Defendants were punished in excess of the same criminal history or fine; and (c) other various circumstances, which are the conditions of sentencing specified in the records and arguments of this case, including equity in sentencing with similar cases; (d) motive and background of the crime of this case; and (e) circumstances after the crime of this case; and (e) the Defendant’s age, character and conduct, etc., the sentencing of the lower

In conclusion, the prosecutor's appeal against the defendants is without merit, and all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.