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(영문) 인천지방법원 2013.05.10 2013노108
대부업등의등록및금융이용자보호에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (7 million won of fine) against the Defendant is too unreasonable.

2. In light of the judgment, the fact that the defendant recognized all the crimes of this case and reflected his mistake, and the crime of this case appears to have been committed by the defendant for his livelihood, and the fact that the profit therefrom seems to have not been much, are favorable to the defendant.

However, the crime of this case requires strict punishment in light of the legislative intent of the Act on Registration of Credit Business, etc. and Protection of Finance Users in order to protect finance users who are economically weak by receiving interest exceeding the restricted interest rate while running a unregistered credit business, and in order to promote the sound development of credit business. In full view of the fact that the defendant has the history of being sentenced to a fine for the same kind of crime, equity in sentencing with the same similar case, the defendant's age, family environment, circumstances before and after the crime, etc., and other records and arguments, the sentence of the court below against the defendant is too 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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