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(영문) 부산지방법원 2018.09.13 2018노2789
대부업등의등록및금융이용자보호에관한법률위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (4 months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The Defendant committed the instant crime against the limitation on interest rates, lent the victims a total of KRW 46 million over 15 times in violation of the limitation on interest rates, and transmitted the victim D with a total of 13 times in connection with the collection of claims to the Kakao Stockholm message that arouses fears or apprehensions over 13 times in total, and is deemed disadvantageous to the Defendant, such as the fact that there is no criminal liability in light of the content of the crime, and that there is multiple criminal records of the Defendant

However, the court below's punishment against the defendant is too unfair because it is too unreasonable rather than unreasonable because it is too unreasonable, in light of all the circumstances, which form the conditions for sentencing specified in the pleadings of this case, such as the defendant's personality, conduct, and environment, such as the confession of the crime of this case and violation of the Act on the Registration of Loan Business, etc. and Protection of Financial Users, and the fact that it is necessary to consider equality in the case where the defendant was tried together with the crime of violation of the Act on the Protection of Financial Users, etc., as argued by the prosecutor.

Therefore, the above argument of the defendant's above sentencing is justified, and the prosecutor's improper argument of sentencing is without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified, and the judgment is delivered again as follows.

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