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(영문) 전주지방법원 2020.01.22 2019노1467

할부거래에관한법률위반

Text

All appeals by the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

Each sentence of the lower court against the Defendants (each fine of KRW 13 million) is too unreasonable.

Judgment

The crime of this case is a case where the defendants submitted false data related to advance payment and did not make up for the amount to be compensated according to the consumer damage compensation insurance contract, etc., and its nature is heavy.

The Defendants operated a business entity that is not transparent from the financial perspective, and as a result, many customers are actually at risk of damage or damage, the possibility of criticism is also high.

Such circumstances are disadvantageous to the Defendants.

However, on the other hand, the defendants are divided into errors and are in profoundly against them.

Defendant

B has invested personal money in order to minimize damage to customers.

Such circumstances are favorable to the Defendants.

In addition, comprehensively taking account of the motive of the Defendants’ crime, the circumstances after the commission of the crime, the surrounding environment, etc., all of the sentencing factors shown in the instant pleadings, the lower court’s punishment against the Defendants is too unreasonable, and therefore, the Defendants’ assertion on this part is without merit.

Therefore, the defendants' appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to do so, and it is so decided as per Disposition.