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(영문) 의정부지방법원 2018.01.22 2017노3325
여신전문금융업법위반
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (five months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The Defendant’s act of soliciting persons who wish to obtain a loan and taking part in an organized crime that provides personal information to those who wish to obtain a loan by having a credit card transaction form without any actual transaction is not less and less than that of the Defendant.

The defendant continued to commit the crime even after a part of his accomplice was arrested.

On the other hand, the fact that the defendant confessions and reflects a crime, and that there is no record of punishment exceeding the same kind and fine, etc. can be considered as favorable to the defendant.

In addition, taking into account various sentencing conditions indicated in the record, such as the background of the crime, the period and profits of the crime, the circumstances after the crime, the final sentence against the relevant accomplices, the age of the defendant, and the sexual conduct, the lower court’s punishment is too heavy or is deemed unreasonable.

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

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