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(영문) 울산지방법원 2013.10.25 2013노601
대부업등의등록및금융이용자보호에관한법률위반
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the records of the Defendant’s crime, the method of the instant crime, and the nature of the crime, etc., the sentence imposed by the lower court (a fine of KRW 4 million) is too uneased and unreasonable.

B. In light of the overall circumstances of this case, the above punishment is too unreasonable.

2. We examine each of the grounds for unfair sentencing by the Defendant and the prosecutor.

Considering the fact that the defendant has a history of being subject to criminal punishment several times including one time of the criminal history of the same crime, that the annual interest rate for the loan is 320.46% significantly higher than the limited interest rate, and that the defendant is engaged in the unregistered credit business and uses the illegal credit collection method, there is a need to strictly punish the defendant.

On the other hand, there are extenuating circumstances in favor of the defendant, such as the fact that the defendant led to the confession of the facts charged in this case, that the loan applicant does not want the punishment of the defendant, that the above previous conviction was punished by a fine and that there was no past record of punishment sentenced to imprisonment or heavier punishment.

Ultimately, in full view of all the circumstances leading to the Defendant’s age, character and conduct, environment, occupation, circumstances leading to the instant crime, and details of the sentencing conditions indicated in the records, such as the circumstances after the crime, the sentence of the lower court is deemed to be appropriate. Therefore, the above assertion by the Defendant and the Prosecutor

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

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