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(영문) 인천지방법원 2013.04.12 2012노3879
대부업등의등록및금융이용자보호에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (two million won of fine) against the Defendant is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant recognized all of the instant crimes and reflects his mistake; (b) the Defendant did not have any record of punishment for the same kind of crime; (c) the Defendant’s loan amount exceeding the statutory interest rate is KRW 4.5 million in total; and (d) the frequency of the loan amount is more than three times and the profits earned in excess of the statutory interest rate is deemed to be little and less than three times; and (e) there are some other circumstances that may be taken into account the scale

However, in light of the legislative intent of the Act on Registration of Credit Business, etc. and Protection of Finance Users in order to protect finance users who are economically weak by receiving interest exceeding the restricted interest rate while running a unregistered credit business, and to promote the sound development of credit business, the crime of this case requires strict punishment. In full view of the equity in sentencing and sentencing with the same and similar incidents, and other factors of sentencing as shown in the records and arguments, such as the defendant’s age, happy family environment, and circumstances before and after the crime, the sentence of the court below is too unreasonable.

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

(However, according to the records of this case, since it is clear that "Polices in the middle of June 201" in the facts of the crime of the judgment of the court below is a clerical error of " around June 201," it is corrected ex officio in accordance with Article 25 (1) of the

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