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(영문) 수원지방법원 2016.10.21 2016노5263
여신전문금융업법위반
Text

Defendant

A All appeals filed by the Defendants and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (two years of imprisonment, and two years of suspended execution in June) against the Defendants of the lower court by the prosecutor (two years of imprisonment in case of Defendant A, and two years of suspended execution in case of Defendant B) is too unhued and unreasonable.

B. The punishment of Defendant A against Defendant A is too unreasonable.

2. Determination

A. Defendant A is against the recognition of all the instant crimes, and Defendant A has no record of punishment prior to the instant crimes, etc., which are favorable to Defendant A.

On the other hand, Defendant A’s crime of this case is an unfavorable sentencing condition against Defendant A, even though Defendant A was punished by a fine for the same kind of crime on October 2015, it appears that it would have a considerable amount of profit acquired by Defendant A, and Defendant A was punished by a fine on the same kind of crime around 200 million won. The fact that Defendant A was punished by a fine on the same kind of crime on the following grounds: (a) the illegal collection of personal information of the credit card holders and the provision was made in the office of G, etc.; (b) Defendant A appears to have performed one of the essential and essential roles in the crime; and (c) Defendant A’s self financing type of the crime of this case is deemed to have been carried out; and (d) Defendant A was committed the crime of this case.

In full view of the above circumstances and other circumstances, including Defendant A’s age, character and conduct, environment, family relationship, and circumstances after the commission of the crime, the lower court’s punishment against Defendant A is too heavy or is deemed unreasonable. Thus, each of the above arguments of unfair sentencing by Defendant A, his defense counsel, and the prosecutor are not acceptable.

B. Defendant B’s financing with a high social harmful effect, such as undermining the safety of credit card transactions, etc.

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