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(영문) 대구지방법원 2017.08.16 2017노1518
대부업등의등록및금융이용자보호에관한법률위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that each of the punishments (Defendant A and B: each of the fines of KRW 5 million, each of the confiscations) declared by the court below to the Defendants is too uneasible and unfair.

2. In light of the period, amount, loan interest rate, etc. of the instant crime, even though the Defendants were not less and less liable, the Defendants’ assertion is without merit, in light of the following: (a) the Defendants recognized all the facts charged; (b) the Defendants did not have any criminal records exceeding the same kind or fine; and (c) the Defendants’ age, sex, criminal conduct, environment, family relationship, and circumstances after the instant crime were committed; and (d) the lower court’s punishment imposed on the Defendants is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. In conclusion, it is clear that the prosecutor’s appeal against the Defendants is groundless. Thus, all of the appeals are dismissed in accordance with Article 364(5) of the Criminal Procedure Act. It is so decided as per Disposition.

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