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(영문) 광주지방법원 2017.01.17 2016노1162
대부업등의등록및금융이용자보호에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unreasonable.

2. The type of the instant crime, which is determined, does not mean that a person who intends to obtain a loan receives a brokerage fee so that he/she can obtain a loan, undermining the soundness of the economy and increasing the burden on financial consumers.

The defendant received KRW 6 million from the injured party as a starting fee for loan brokerage, and the amount of the fee is small, and even though the injured party requested the refund of the fee on several occasions because the loan has not been married, the defendant did not return the fee up to 4 million.

In addition, there is no change in the sentencing conditions for the time of the trial.

In addition to the above circumstances, the lower court’s punishment is only within the reasonable scope of discretion and is not deemed unfair because it is too unreasonable, in full view of various circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, and circumstances after the crime.

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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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