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(영문) 광주지방법원 2019.05.28 2019노776
여신전문금융업법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the defendant gave a financing by pretending the sale of goods during the repeated crime period, and such crime disturbs the credit card trading order and the financial order, and there is a significant social harm.

Even if the defendant committed the instant crime repeatedly for a long time, it constitutes an element of sentencing unfavorable to the defendant.

The defendant has been punished several times due to fraud, violation of the Registration of Credit Business and Protection of Financial Users Act, etc.

On the other hand, the fact that the defendant recognized all the crimes of this case and divided the errors is an element of sentencing favorable to the defendant.

There are some parts of the circumstances leading to the crime, such as the person who has requested the financing of funds to the defendant wanting the wife of the defendant, etc.

The court below decided the defendant's punishment by comprehensively taking into account the elements of sentencing as above, and there is no change in sentencing conditions to be newly considered in the trial compared with the court below.

(F) The F and G submitted “a written agreement and a written application for non-prosecution of punishment” to the effect that they do not want the punishment of a defendant in the lower court following the lower court. The lower court seems to have already taken these circumstances into account in sentencing, and given that F and G are not in the position of the victim of the instant crime or any other similar position, such circumstance does not constitute an essential sentencing subject to the Defendant’s sentencing. In full view of the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, the amount of profit acquired by the Defendant from the instant crime, and circumstances following the instant crime, etc., the lower court’s sentencing discretion is reasonable.

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