2013No338 Violation of the Specialized Credit Finance Business Act

A

Defendant

For the purpose of prostitutions (prosecutions), and for the red trial

C. Attorney C.

Seoul Southern District Court Decision 2012Da4277 Decided February 5, 2013

April 11, 2013:

The defendant's appeal is dismissed.

1. Summary of grounds for appeal by the defendant;

In light of the circumstances that R, an accomplice, was sentenced to a suspended sentence of three years in the year and June, etc., the sentence of the original judgment against the accused is too unreasonable.

2. Determination on the grounds for appeal

Although R’s criminal period, which is the accomplice of the instant crime, is longer than the Defendant, and credit card sales were sentenced to suspended execution in one year and six months, the circumstances where D who led the instant crime were sentenced to imprisonment for one year and one year are recognized.

However, it appears that the defendant committed the same crime from October 11, 2006 to January 23, 2007 and was sentenced to a fine of KRW 10 million on September 28, 2007, which was 4 months thereafter, again committed the crime from January 30, 2008, which was 4 months thereafter, until May 27, 201, and the defendant had reached a serious attitude at the time of law, such as continuing the crime of this case for 3 years and 4 months from May 27, 2011. This seems to be due to the fact that the previous punishment of the defendant is difficult to achieve preventive effects. Considering the fact that the defendant's benefit by the crime of this case cannot be said to be the smaller amount than 47 million won, since most of the persons who applied for financial statements to the defendant et al. have a low credit standing problem, it is difficult to consider the defendant's effort to recover the credit card sales amount as a matter of course to determine the amount of damages.

3. Conclusion

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

Judgment of the presiding judge

Judge authorized only for the judge

Judges Yoon Jae-nam