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(영문) 부산지방법원 2019.03.21 2018노3038
대부업등의등록및금융이용자보호에관한법률위반등
Text

All appeals filed by the Defendants and by the Prosecutor against Defendant B and C are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by the first instance court (Defendant B: 10 months of imprisonment, Defendant C: 10 months of probation, two years of probation, probation, community service order 200 hours, Defendant E: imprisonment for 8 months, Defendant H: imprisonment for 6 months of probation, 2 years of probation, and 80 hours of community service order) is too unreasonable.

(b) The sentence sentenced by the first instance court (with respect to Defendant B and C) is too unhued and unreasonable;

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Receiving interest in excess of the registered credit business and the limited interest rate, such as the instant crime, is highly harmful to the society by hindering the sound development of credit business and causing damage to the finance users. In light of the size of the loan amount, the period and frequency of the instant crime, the method of operating the business, the degree exceeding

Defendant

B has caused fears to the victim in the course of running a unregistered credit business, and there is a high possibility of criticism against the crime of this case during the period of probation.

Defendant

C Although it was agreed with some debtors in the trial, it is not possible to change a new change in circumstances that could change the first instance punishment.

The circumstances alleged by the Defendants and the Prosecutor as the grounds for appeal appear to have been already considered in the sentencing process of the first instance court, and there is no new change in circumstances that could change the first instance sentence in the trial.

In addition, in full view of the sentencing conditions, such as the Defendants’ age, living environment, motive of the crime, circumstances after the crime, and criminal record, as shown in the arguments at the first instance court and the party instance, the sentence imposed by the first instance court is too heavy, or the sentence imposed by the Defendants B and C is too low.

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