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(영문) 부산지방법원 2013.06.27 2013노1172
대부업등의등록및금융이용자보호에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below against the defendants (two years of probation, one hundred and twenty hours of community service, two years of probation, one hundred and twenty hours of community service, and one hundred and twenty hours of defendant C: imprisonment with prison labor for the crimes listed in the table of crime attached to the judgment of the court below, two years of probation, one hundred and twenty years of community service, and one hundred and twenty hours of prison labor for each of the crimes listed in the table of crime committed in the table of crimes attached to the judgment of the court below, two years of probation, one hundred and twenty hours of community service, and two years of probation in six months of prison labor, one hundred and twenty hours of community service, and two hours of community service, in particular, the community service order of each of 120 hours is unfair.

Judgment

On the other hand, it is recognized that the Defendants were committed in violation of the Act on the Registration of Credit Business, etc. and Protection of Financial Users and the Act on the Registration of Credit Business, etc. and Protection of Financial Users and the crime of this case committed by Defendant D in violation of the first head of the crime in the judgment of the court below, which became final and conclusive on February 26, 201 of the first head of the crime in the judgment of the court below, and the crime of this case in relation to the crime of this case in violation of the Act on the Registration of Credit Business, etc. and Protection of Financial Users, which became final and conclusive on April 10, 2012 and the crime of this case in violation of the latter part of Article 37 of the Criminal Act should be considered at the same time in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act.

However, the crime of this case was committed by the Defendants with interest exceeding the statutory interest rate (240% to 420% per annum) from the obligor while running the credit business. The Defendants did not know that they had been subject to criminal punishment for more than 20 times including the period of running the credit business, the amount of loan and the amount of interest paid by the Defendants, and Defendant C had the record of being sentenced to criminal punishment for more than 4 times for the same crime. In particular, Defendant C was sentenced to a suspended sentence of 2 years for imprisonment for the same crime.

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