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(영문) 서울남부지방법원 2013.06.20 2013노679

대부업등의등록및금융이용자보호에관한법률위반등

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The prosecutor's appeal is dismissed.

Reasons

The summary of the reasons for appeal by the prosecutor is that the punishment of the judgment of the court below (two thousand won of imprisonment and fine, two years of suspended execution, one year of probation, one year of community service, eight hours of imprisonment) is too unfluent and unreasonable.

Considering the fact that the Defendant agreed to receive interest exceeding the limited interest rate and the lending money was not about KRW 84 million, and that the Defendant lent money to the women engaged in sexual traffic while working at the news reporting room, it is anticipated that the said women will continue sexual traffic if they want to repay the money, and that the Defendant is expected to pay the money in such a way, and thus, the crime is not good, and the Defendant provided sexual traffic several times in the course of operating a direct news reporting, and the act of arranging sexual traffic is highly harmful to the sound sexual culture and good morals, and thus, the punishment of the lower court is somewhat inappropriate in order to prevent the act of arranging sexual traffic.

On the other hand, on the other hand, the money lent by the defendant was used as a house deposit to be directly residing by the victims, the principal of the loan was not recovered several times, the victim H, G, and I gave up claims against the victim, the defendant sent a letter demanding repayment to the victims and threatened the victims.

It seems that the fact of his sexual traffic seems to have been known, rather than that of his sexual traffic, the victim G and H borrowed money from the defendant and filed a petition for bankruptcy, and thereafter, the defendant could not have been forced to demand the repayment of the money because he was passive in paying his debt, and the period in which the defendant directly operated the sidewalk.