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(영문) 창원지방법원 2015.04.02 2014노2955

대부업등의등록및금융이용자보호에관한법률위반등

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The guilty portion of the judgment of the court below shall be reversed.

As to the crimes of No. 1-A and No. 2 of the judgment of the defendant.

Reasons

1. The summary of the grounds for appeal is that the punishment (6 months of imprisonment and 4 months of imprisonment with prison labor for each of the crimes listed in the Decision No. 1-A and Decision No. 2) sentenced by the court below against the guilty portion is too unreasonable.

2. In light of the facts set forth in No. 1-A and No. 2 of the judgment, the fact that the defendant is punished as a unregistered credit business and engages in unregistered credit business again during the period of the suspension of execution, or that the amount of the debt repaid by collection activities beyond the scope permitted by the law is disadvantageous to the defendant, and as to each crime set forth in No. 1-b and No. 3 of the judgment, the fact that the defendant used violence against the debtor on the ground that he is not repaid his money, or that the interest rate was very high to 300%, is also disadvantageous to the defendant.

However, in the case of the crimes of No. 1-A and No. 2 of the holding, the defendant extended money to G with a long time, debt collection activities did not reach the point of using violence or intimidation, and even if each act is specifically done, it seems that the victim did not cause repayment or uneasiness or the degree of deceptive scheme is not serious. In the case of the crimes of No. 1-b and No. 3 of the holding, the victim wanted the wife of the defendant by mutual consent with L, and the victim also continues to borrow money from the defendant even after the crime of injury in this case was committed, and the victim continued to borrow money from the defendant even after the crime of injury in this case, and even after the crime of injury in this case, the relation between the defendant and the above victim was considered, and the crime of violating the Act on Registration of Credit Business, etc. and Protection of Financial Users, which became final and conclusive.