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(영문) 부산지방법원 2016.11.11 2016노2946
대부업등의등록및금융이용자보호에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (ten months of imprisonment, two years of suspended execution, and forty hours of community service order) is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant seems to reflect his mistake, that the defendant has no record of punishment for the same kind of crime, and that the defendant has no record of crime exceeding the fine, etc.

However, each of the instant offenses is that the Defendant received interest exceeding the interest rate from a finance user who borrowed money while running a credit business without registering the credit business. Considering the legislative intent of the Act on Registration of Credit Business, etc. and Registration of Finance Users and Protection of Finance Users aiming at protecting the financial users and contributing to the stabilization of the economic life of the people by prescribing matters necessary for the registration and supervision of the credit business, and by providing interest rates, etc., the nature of the relevant crime is not easy. The period for which the Defendant was engaged in the credit business for a long time, and the amount of the loan and the interest that the Defendant received from the finance user is considerable, there are no special circumstances or changes in circumstances that may be newly considered in sentencing after the sentence of the lower judgment, and there are other various sentencing conditions that are shown in the records and arguments, it cannot be deemed unfair that the

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

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