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(영문) 부산지방법원 2018.07.06 2018노586
대부업등의등록및금융이용자보호에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to four million won) is too unreasonable.

2. In a case where there is no change in the terms and conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). A favorable circumstance is recognized, such as: (a) recognition of and reflects on a crime; (b) agreement with, among the debtor, the debtor; (c) agreement with, and additional agreement with, E in the trial; and (d) re-ab) the fact that such mistake is not repeated.

However, considering the purpose of the lending business law that intends to protect financial users, there is a change in the sentencing condition that may otherwise determine the sentence of the court below, even if normal data, such as an agreement with E, etc. submitted by the defendant at the time of the trial, are considered in light of the following circumstances: (a) there is a change in the sentencing condition that may be otherwise determined in light of the following circumstances: (b) there is a change in the criminal records, age, sexual conduct, environment, motive, means and consequence of the crime; and (c) there is a number of records of criminal punishment and juvenile protective disposition that have been imposed several times; and (d) there is a change in the sentencing condition that could be otherwise determined in the judgment of the court below, even if normal data, such as the agreement with E, etc. submitted by the defendant at the time of the trial, are considered.

It is difficult to see the lower court’s sentence, and it does not seem unfair because it exceeded the reasonable scope of discretion.

The defendant's argument of sentencing is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.

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