(영문) 대구지방법원 2017.01.20 2016노4953 | 리걸엔진

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(영문) 대구지방법원 2017.01.20 2016노4953

대부업등의등록및금융이용자보호에관한법률위반

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the defendant recognized all of the crimes of this case and reflects in depth, and borrowed funds upon the request of the debtor E, and it does not seem that he operated a specialized lending company.

In addition, the defendant has reached an agreement with debtor F in the court below, and there is no particular criminal history except that he/she has been sentenced to a fine twice for a crime of double-party crime.

In addition, the family and branch members of the defendant want to take the defendant's wife, and they need to raise minor children.

However, the crime of this case requires strict punishment in light of the legislative intent of the Act on the Registration of Loan Business, etc. to establish a sound financial order and to protect the debtor, and the Protection of Financial Users by receiving high interest rate higher than the highest interest rate prescribed by the Interest Restriction Act while running the loan business without registration.

In particular, the Defendant loaned KRW 2,952,640,000 to E on 47 occasions from February 2, 2009 to November 28, 2014 from around 2014, and received KRW 1,623,521,00 as interest terms including interest interest, and the Defendant received KRW 1,623,521,00 as interest terms including interest interest. Meanwhile, the Defendant received all of the remainder from E excluding KRW 135,00,000 from the obligor on 2,952,640,000 as loans from November 28, 2014;

In light of the number of loans to debtors E, the size of money borrowed, the degree exceeding the restricted interest rate, the degree of profits earned by the defendant, etc., the crime is very bad.

In addition, the defendant does not reach an agreement with the debtor up to the trial of the party, and does not make any effort to recover damage, so the debtor E still desires to be punished by severe punishment.

In addition, the defendant's age, sex, environment, and motive and background of the crime of this case.

유사 판례

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