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(영문) 광주지방법원 2012.12.26 2012노1947
대부업등의등록및금융이용자보호에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (4 million won of a fine) is too unhued and unfair.

2. The judgment of the court below is justified in light of the following circumstances: (a) the defendant committed a crime; (b) the amount of credit business that the defendant operated by H and I does not seem to be large; (c) the defendant was recognized as having agreed with H and I, but the crime of this case seriously infringes on the legislative intent 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 power; and (d) the defendant was sentenced to suspension of indictment on August 10, 201 for the same crime as of August 10, 201; (b) the defendant committed each crime listed in Article 2 subparag. 12, 13, and 14 of the List of Crimes in the judgment of the court below; (c) the interest that the defendant received was the high interest rate of 53.3% to 879.9% per annum; and (d) the court below sentenced a heavier punishment than the order initially requested by the defendant taking account of the circumstances favorable to the defendant; and there was no change in circumstances affecting the sentencing.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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