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(영문) 광주지방법원 2018.09.05 2018노1870
대부업등의등록및금융이용자보호에관한법률위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Determination that each of the crimes of this case is not good enough is the circumstances unfavorable to the defendant.

However, in light of the following: (a) the Defendant was punished on one occasion for the crime of extortion; (b) there was no punishment force in addition to punishment; (c) registration of lending business due to the violation of the restriction on the interest rate of unregistered credit service providers; and (d) consent with the victim I of the violation of the Act on the Protection of Financial Users; and (c) the Defendant was detained for more than five months due to each of the instant crimes; and (d) the Defendant was detained for more than five months; and (e) the circumstances leading up to each of the instant crimes; (e) circumstances after the instant crimes; and (e) the Defendant’s age and environment, etc., the lower court’s punishment seems to be somewhat unreasonable;

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, registration of selective loan business, etc., and Article 19(1)1 and Article 3(1) of the Act on the Protection of Financial Users (referring to running unregistered loan business), registration of loan business, etc., and Articles 19(2)3 and 11(1) of the Act on the Protection of Financial Users, and Article 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (referring to violations of restrictions on interest rates of unregistered credit service providers), and each decision of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing)

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