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(영문) 대구지방법원 2013.06.27 2012노3905
대부업의등록및금융이용자보호에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal, the fact that the defendant is against himself and the circumstances and degree of the crime, etc., the punishment of the court below (7 million won of the fine) against the defendant is too unreasonable.

2. The fact that the judgment defendant reflects the wrong and does not repeat the crime, and that there is a family member to support, etc. are favorable to the defendant.

Meanwhile, in light of the legislative intent of the Act on Registration of Credit Business, etc. and Protection of Finance Users in order to establish a sound financial transaction order and protect the financial users who are in the position of the economically weak, the Defendant’s crime cannot be somewhat punished. The frequency and amount of the instant crime is not a large number of times and amount, and the interest rate is equal to 133.3% per annum, and the Defendant’s previous fault is disadvantageous.

In full view of the above circumstances, such as the character, conduct, environment, etc. of the Defendant, the lower court appears to have taken into account most favorable circumstances, and there is no change in circumstances that would vary between the lower court and the sentence.

Therefore, since the sentence imposed by the court below is too unreasonable, the defendant's above assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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