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(영문) 대구지방법원 2019.09.05 2019노599
대부업등의등록및금융이용자보호에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) imposed by the lower court is too unreasonable.

2. The judgment recognizes the defendant's erroneousness and reflects the defendant's criminal records of the same kind.

However, the crimes are not likely to be committed in light of the following: (a) the Defendant, in collaboration with other accomplices, has engaged in credit business without filing for registration of credit business; (b) the Defendant, as a credit service provider or a person who is not a credit service provider, has received interest exceeding the limited amount; and

The court below selected a fine differently from other accomplices in consideration of equity in the case where the defendant was punished together with the violation of the Road Traffic Act (driving) which became final and conclusive in the judgment of the court below.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime was committed, there is no special circumstance or circumstance that is newly considered in sentencing after the sentence of the lower judgment, the sentence that the lower court rendered is too unreasonable and unreasonable.

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

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