beta
(영문) 울산지방법원 2016.05.26 2016노179

대부업의등록및금융이용자보호에관한법률위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and two months of probation, two years of probation, observation of protection, and 120 hours of community service) is too unfluent and unreasonable.

2. In light of the amount of interest paid in excess of the interest rate on determination, the period and frequency of the act of collecting illegal claims, details of the act of collecting illegal claims and the circumstances leading to the act of inflicting bodily injury, the Defendant’s liability is not easy, and the Defendant has the same criminal record as the offense of violating the Act on Registration of Loan Business and Protection of Financial Users.

However, in full view of the following: (a) the Defendant recognized the Defendant’s mistake and reflects; (b) the victims did not want punishment against the Defendant by mutual consent with the victims; and and (c) other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age, sex and environment; and (b) circumstances after the commission of the crime, the sentence imposed by the lower court cannot be deemed unfair and unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

However, in the judgment of the court below, it is apparent that the phrase "2015 high-class loan business 2660 high-class loan business, violation of the Act on the Registration of Financial Services and Protection of Financial Users, and Violation of the Fair Debt Collection Practices Act" was omitted from "2015 high-class 2910 high-class 2910 (merger)" in the name column of the case, and thus, it is corrected to make an additional entry pursuant to Article