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(영문) 서울중앙지방법원 2014.03.20 2014노52
대부업등의등록및금융이용자보호에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one million won of a fine) is too unreasonable in light of the gist of the grounds for appeal.

2. Taking into account all the circumstances favorable to the Defendant, including the fact that the Defendant’s misjudgments the Defendant’s mistake in depth, the Defendant has no criminal history of the same kind of crime, and the Defendant’s assertion that the Defendant is living together with open punishment, the Defendant’s act of ’Netro North Korean Gabro’ as the Defendant committed by the Defendant was subscribed to a hybrid service providing Noh North Korea by inducing a person who is in need of money but is unable to borrow money from a financial institution, and then, the remainder is a crime committed by those related to the Defendant, such as a general agency, subordinate solicitor, subordinate distributor, and subordinate distributor, etc., who only partially paid part of the money sold Nohbuk, and the remainder is a crime committed by the parties involved in the crime, such as an exclusive agency, subordinate solicitor, and subordinate distributor, and the mobile communication company, and the Defendant’s act of ’Netro North Korean Gabro’s act is an excessive obligation, such as service fee, etc. for the agreed period, thereby causing the social problem of bad credit.

In full view of all the above circumstances, the lower court determined the sentence in light of the following circumstances, and there is no special circumstance or change in circumstances that may be newly considered in sentencing after the sentence of the lower judgment was rendered, and other various circumstances that form the conditions for sentencing as indicated in the present pleadings and records, including the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime was committed, the lower court did not admit the Defendant’s assertion.

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

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