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(영문) 서울북부지방법원 2018.07.06 2018노652
대부업등의등록및금융이용자보호에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) against the Defendant is too unreasonable.

2. On the grounds for appeal by the Defendant, the Defendant recognized all of the crimes up to the trial, and repented his mistake.

The defendant has no record of criminal punishment exceeding the same crime and fine.

From among the debtors who borrowed money from the defendant at the time of the crime of this case, ten persons expressed their intention to not punish the defendant in the first instance.

In the course of investigation, all the damage inflicted upon the victim H was returned to the victim.

On the other hand, the crime of this case is likely to be criticized because it not only harms the stability of the ordinary people's economy through the unregistered high interest loan business, but also disturbs the financial transaction order.

The defendant has operated a non-registered loan business over 100 times for a short period of five months. In the process, the interest rate agreed with the debtor is from 200 to 1,000% per annum.

The Defendant threatened the victim H and took property over a long time during the process of collecting the claim.

In addition, comprehensively taking into account all the conditions of sentencing as shown in the arguments, such as the period and method of crime, the age, sex, environment, motive, means and consequence of the crime, etc., it cannot be said that the above-mentioned sentence imposed by the court below is too unreasonable because it is too unreasonable for the court below to have imposed the defendant.

Therefore, the defendant's above assertion 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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