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(영문) 창원지방법원 2013.03.15 2012노2306
대부업등의등록및금융이용자보호에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unreasonable.

2. The crime of this case where the defendant, who is a credit service provider, received interest exceeding the highest interest rate stipulated in the "Act on Registration of Credit Business, etc. and Protection of Finance Users", needs to be strictly punished in light of the legislative intent of the above Act in order to regulate the interest rate, etc. of credit business to protect the ordinary people who are financial users and to contribute to the stabilization of the economic life of the people. In addition, considering that the defendant again committed the crime of this case without being aware of the fact that he was committed in the period of suspension of execution due to the same crime, the crime of this case is not less complicated. However, in the court below, the defendant returned not only the interest that he received in excess of the highest interest rate to the victim N,O, P, and Q, but also partially exempted the principal from the principal. In the court below, the victim K, J, and H made considerable efforts to recover damage, such as payment of money, etc. to the victims of the victim's punishment without wanting the punishment of the defendant, the defendant's act was committed against his own fault, etc., the defendant's age of this case, circumstances and circumstances and circumstances similar to the criminal punishment.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The substance of the facts charged and the summary of the evidence recognized by the court.

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