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(영문) 수원지방법원 2013.12.12 2013노3328
대부업등의등록및금융이용자보호에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The judgment of the court below against the defendant in the summary of the grounds for appeal is improper because the punishment of a fine of three million won is too large.

2. The judgment has no record of being punished for the same crime against the accused, and the defendant has been engaged in credit business for those who came to know of their reputation or those who came to know through them, and it does not operate a business significantly exceeding the restricted interest rate, and the circumstances favorable to the accused can also be observed.

However, the above circumstances appear to have been fully reflected in the court below. The fact that the operation of the unregistered credit business is detrimental to the sound development of the credit business, and thus constitutes a relatively significant crime that is prescribed to be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding 50 million won. The period during which the unregistered credit business is operated is considerably long, and the total amount of the loan is considerably more than KRW 90 million. In addition, considering the sentencing conditions specified in the argument of this case, including the defendant's age, character and conduct, motive, means and consequence of the crime, etc., it cannot be deemed that the fine of up to three million won as determined by the court below is excessively unreasonable.

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

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