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(영문) 서울서부지방법원 2013.11.28 2013노658

대부업등의등록및금융이용자보호에관한법률위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 20,000,000.

The above fine shall not be paid by the defendant.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (one year of imprisonment, two years of suspended execution, fine of ten million won) is too unreasonable.

Judgment

In light of the purpose of the Act on Registration of Credit Business, etc. and Protection of Financial Users, which aim at establishing sound financial transaction order and protecting debtors who lack economic power by regulating the interest rates of credit service providers, etc., the crimes of this case are highly punished. However, the defendant is seriously against his mistake while the defendant confessions all of the crimes of this case, and the defendant has no record of committing any other crimes than being ordered a summary order of a fine of KRW 700,000 as a crime of violation of the Road Traffic Act at the Seoul Southern District Court on July 14, 2003, the defendant has been diagnosed as Uiamambam around September 201, and all of the sentencing conditions specified in the records and arguments of this case including the fact that the defendant was diagnosed as Uiambambam around September 2010, the court below's punishment against the defendant is somewhat unreasonable. Thus, the defendant's assertion of unfair sentencing is justified.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 19(1)1 and Article 3(1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and the Selection of Punishment, Article 30 of the Criminal Act, Article 19(2)3 and Article 11(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, the Criminal Act.