beta
(영문) 의정부지방법원 2013.06.27 2013노345

대부업등의등록및금융이용자보호에관한법률위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (a fine of four million won) on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.

2. It is recognized that the circumstances, such as the fact that the number of illegal loans by the Defendant and the amount thereof are not considerable, and that there is a serious need for strict punishment for such crimes, as the damage to ordinary people due to illegal private financing is serious.

However, in light of all the sentencing conditions indicated in the records of this case, including the background leading up to the crime of this case, Defendant’s age, character and conduct, method of crime, and circumstances after the crime, etc., the sentence of the lower court against the Defendant is deemed unreasonable, in light of the following: (a) the Defendant did not seem to have any other criminal records other than one time before and after a fine was imposed; (b) the Defendant’s gains acquired by the illegal loan of this case are not deemed to have been significant; (c) some victims and the Defendant agreed smoothly with the victim; and (d) the Defendant

3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.