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(영문) 의정부지방법원 2016.11.03 2016노2215

여신전문금융업법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The abstract of the grounds for appeal (limited to six months of imprisonment, two years of suspended execution, and 80 hours of community service) that the court below sentenced the defendant is too unreasonable;

(The defendant explicitly withdraws his assertion of misunderstanding of facts and misunderstanding of legal principles on the date of the first trial of the court of the trial).

However, the Defendant seems to have lent the name of a credit card merchant or left a tin, and then have received approximately 10% of the sales amount as a fee, etc. Such an act is deemed as a planned crime for the purpose of profit-making, and its nature and circumstances are inferior, and is likely to undermine the credit and safety of transactions using credit cards, and is also likely to have a great social harm.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

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