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(영문) 서울중앙지방법원 2013.11.21 2013노2817

대부업등의등록및금융이용자보호에관한법률위반

Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the defendant: the fine of KRW 2,000,000) is too unreasonable.

2. The judgment-making Defendants divided their own criminal acts in depth from the investigation stage to the trial of the case, are against each other, and the period of the principal crime of the Defendants is less than one month, the total amount of the loan is less than 6 million won, the Defendant A is a primary offender, and Defendant B has no record of criminal punishment except the fine imposed due to the violation of the Road Traffic Act. The crime of this case is deemed to lend small amount against ordinary people, receive a considerable high interest, and is considerably poor in quality of the crime. In light of the circumstances favorable to the Defendants, the court below sentenced the punishment of the summary order by reasonably reducing the amount of fine, taking into account the circumstances favorable to the Defendants, and there is no change of circumstances in which to additionally reduce it in the trial, and in full view of the Defendants’ age, character and conduct, environment, and other sentencing conditions, the punishment of the court below is not heavier and appropriate.

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