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(영문) 의정부지방법원 2013.08.13 2013노477
대부업등의등록및금융이용자보호에관한법률위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The sentence of the court below against the Defendants in the summary of the grounds for appeal (a fine of 500,000 won, a fine of 300,000 won, and a fine of 300,000 won) is unreasonable.

2. Although there is a need to strictly punish credit service providers who receive interests from high interest in accordance with the legislative intent of the Act on Registration of Credit Business, etc. and Protection of Finance Users in order to protect the financial consumers and stabilize the economic life of the people, Defendant A is subject to the same kind of fine and one-time criminal records, the amount of loan extended by the defendants is not so significant, the defendants' actual profits from the crime of this case seems not to have been significant, Defendant B does not have any previous department, Defendant B did not have any previous department, and the risk of repeating a crime is deemed to be low by closing the business of lending companies operated by the defendants, and the defendants are in depth of their mistakes, and other circumstances leading to the crime of this case and other factors of sentencing indicated in the records of this case, such as the defendants' age, character and behavior, the Criminal Procedure Act, and the circumstances after the crime, etc. do not seem to be unfair.

3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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