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(영문) 대구지방법원 2014.06.27 2014노282
대부업등의등록및금융이용자보호에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for up to eight months, suspension of execution for two years, community service hours for 80 hours) of the lower court is unreasonable.

2. The judgment of the defendant is recognized that the defendant led to the confession of the crime of this case and reflects the defendant, that the defendant does not seem to have used illegal methods for collecting the loan, and that the defendant is the first offender.

However, in light of the legislative intent of the Act on Registration of Credit Business, etc. and Protection of Finance Users, which aims to promote the sound development of credit business as well as to protect finance users and contribute to the stability of the economic life of the people, it is not determined that the sentence of the court below is unreasonable because it is excessively unreasonable, considering the following: (a) the Defendant engaged in credit business by making registration without permission or registration for a long time; (b) the Defendant received a considerable amount of interest of 126% per annum; (c) the frequency of the instant crime; (d) the amount of loans; (d) the Defendant’s character and conduct; and (e) the motive, means and method of the instant crime; and (e)

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, in accordance with Article 25(1) of the Regulation on Criminal Procedure, Article 19(1)1, Article 3(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (the point of unregistered Credit Business, the choice of imprisonment), Article 19(2)3, and Article 8(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, each violation of the restriction on interest rates, each of which is a violation of Article 19(2)3, and Article 8(1) of the former Act on Registration of Credit Business, etc. and Protection of Finance Users (amended by Act No. 11544, Dec. 11, 2012), and Article 19(1)1 and Article 3(1) of the former Act on Registration of Credit Business, etc. and Protection of Finance Users.

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