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(영문) 의정부지방법원 2013.09.06 2013노281
대부업등의등록및금융이용자보호에관한법률위반
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (the fine of KRW 1.5 million against Defendant A, the fine of KRW 700,000 against Defendant B, and the fine of KRW 700,000 against Defendant C) that the court below rendered is too unfasible and unreasonable.

2. 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 financial consumers, who are economically weak, and to promote the sound development of credit business. However, there is no same kind of crime record against the Defendants, the Defendants’ agreement was made between the Defendants and the debtor, the amount of interest received in violation of the statute cannot be said to be large, the Defendants’ mistake was committed from the investigative agency to the court, and all other circumstances indicated in the records, including the Defendants’ age, character, conduct, family relation, environment, occupation, circumstance and contents leading to the instant crime, and circumstances after the crime, etc., comprehensively considering all the circumstances, the sentence of the court below cannot be deemed to be unfair since the sentence of the court below is too unjustifiable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.

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