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(영문) 울산지방법원 2015.05.22 2015노48
대부업등의등록및금융이용자보호에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment and two years of suspended execution) of the lower court is too unreasonable.

2. The following circumstances are favorable: (a) the Defendant recognized all of the instant crimes from the investigative agency to be committed; (b) the Defendant did not have the same criminal power, except twice a fine of this kind; (c) the Defendant did not go through the illegal debt collection procedure; and (d) the Defendant agreed with the J, D, K, L, M, N, and the Defendant agreed smoothly among the obligors.

However, the crime of this case is committed with interest exceeding the statutory interest rate against many victims in the course of running a credit business without registering the credit business for about one year, and there is a need for strict punishment in violation of the legislative intent of the Act on Registration of Credit Business, etc. and Protection of Finance Users for the purpose of protecting finance users and contributing to protecting the economic and living stability of the people, and there is no agreement with the above 56 debtors except the above debtors, the circumstances favorable to the defendant have already been considered at the court below, and there is no change in special circumstances or circumstances that may be newly considered in sentencing after the sentence of the court below.

Considering the above favorable circumstances and circumstances, such as the motive and circumstance of the instant crime, the size of the amount of loan, the frequency of loan and the degree exceeding the limited interest rate, the amount of each loan and repayment status, the defendant's age, occupation, character and conduct, environment, etc., the punishment imposed by the court below is too unreasonable. Thus, the above assertion by the defendant is without merit.

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

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