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(영문) 제주지방법원 2013.03.28 2012노462
대부업등의등록및금융이용자보호에관한법률위반
Text

All appeals by the Defendants and by the Prosecutor against Defendant A are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence against the Defendants (three years of suspended execution and 120 hours of community service in January A’s imprisonment, two years of suspended execution and 120 hours of community service in June’s imprisonment) is too unreasonable.

B. The lower court’s sentence against Defendant A of the Prosecutor is too unhued and unreasonable.

2. In light of the legislative intent of the Act on Registration of Credit Business, etc. and Protection of Finance Users, which aims to establish sound financial transaction order and protect debtors who lack economic capacity, the crime of this case was committed by the Defendants with interest rate of 670% per annum from the victims by lending a total of 290 million won or more over 7 months, and the Defendants received a high interest rate of 173% per annum from the victims (the defendants calculated a high interest rate per annum, so that the above high interest rate per annum was applied to the interest accrued each day to the victims and calculated the remaining amount to the principal, so the defendants' assertion is not acceptable). However, in light of the purport of the Act on Registration of Credit Business, etc. and Protection of Finance Users for the purpose of establishing sound financial transaction order and protecting debtors who lack economic capacity, the defendants were paid a total of 90 million won or more per annum 173% per annum from the victims, and the defendants were subject to a total of more than 100% per annum from the victims' employment and management of the contract.

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