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(영문) 부산지방법원 2014.10.10 2014노2377
채권의공정한추심에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of the fine of KRW 7 million imposed by the court below is too unreasonable.

2. It is recognized that the judgment of the defendant seems that the defendant recognized all of the crimes of this case, it seems that it would be against himself/herself, and that it is economically difficult for him/her to be a basic living beneficiary, and that he/she should bear the hospital expenses of the victim being hospitalized due to lectures, symnassis, he/shemosis, he/she is obliged to bear the hospital expenses of the victim being hospitalized, due to crymnassis, he/she has no record of criminal punishment after being sentenced to imprisonment with prison labor for 6 months and one year of suspended execution due to indecent act

However, each of the crimes of this case was committed by the Defendant with a total of KRW 114,80,000,000 to the victim, and it was affected by the victim's interest rate exceeding the maximum interest rate under the Interest Limitation Act in excess of KRW 48,00,00,00 from the victim, and the victim forced the victim to prepare the repayment of debt through borrowing money or any other similar means several times as the victim failed to repay the money in time, thereby causing fear or apprehensions and undermining the peace of privacy. The case is not easy, but is very poor, and even if the nature of the crime is very poor, the court below imposed a fine of KRW 3,00,000 or reduced compared to the summary order in consideration of the above circumstances favorable to the Defendant, and there is no change in special circumstances at the trial, and in full view of all other circumstances, the sentencing conditions of the Defendant's age, environment, occupation, family relationship, circumstances leading to each of the crimes of this case, and circumstances before and after the crime, etc., the court below's judgment is too unreasonable.

Therefore, the defendant's appeal is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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