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(영문) 의정부지방법원 2013.06.13 2013노245
대부업등의등록및금융이용자보호에관한법률위반등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower judgment (a fine of two million won) by the Defendants is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. The judgment of the court below seems to be inappropriate, taking into account the following factors: (a) the Defendants’ act of committing the crime was against the mistake; (b) the Defendants did not have any history of punishment for committing the same kind of crime; (c) the Defendants’ act of lending a total of KRW 8.5 million to two persons; (d) the Defendants did not have any significant amount of credit business; and (e) the Defendants’ portion of interest exceeding the limited interest rate was appropriated to the leased principal pursuant to the relevant Acts and subordinate statutes; and (e) the Defendants’ age, character and conduct, occupation and environment, the background and consequence of the crime; and (e) the various sentencing factors indicated in the instant case, such as the circumstances after the crime, are too

3. In conclusion, the appeal by the Defendants and the public prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants and the public prosecutor are without merit.

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