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(영문) 인천지방법원 2013.06.27 2013노236
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 sentence against the Defendant (a prison term of eight months, a suspended sentence of two years, a fine of five thousand won,00 won) is too unreasonable.

2. Determination is based on the circumstances favorable to the Defendant, such as: (a) the fact that the Defendant recognized all of the instant crimes; (b) the amount of the loan could not be much significant; and (c) the Defendant appears to have waived the loan claims.

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. The defendant has been sentenced twice due to the same crime; the defendant has the history of being sentenced twice as a fine; the equity in sentencing with the same similar case; the defendant's age, happiness, family environment, circumstances before and after the crime; and other records and conditions of sentencing as shown in the arguments, even if considering the above favorable circumstances, it cannot be deemed that the court below's punishment 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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