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(영문) 대구지방법원 2017.11.03 2017노3009
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

C, D and prosecutor's appeals are all dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (Defendant A: a fine of KRW 30 million; a fine of KRW 15 million; Defendant C: a fine of KRW 10 million; Defendant D: a fine of KRW 10 million; and Defendant D: a fine of KRW 7 million) imposed by the lower court on the Defendants is too uneased and unreasonable.

B. Each sentence sentenced by the lower court to the above Defendants C and D (Defendant C: a fine of KRW 10 million, Defendant D: a fine of KRW 7 million) is too unreasonable.

2. Determination

A. The crime of this case against Defendant A and B is committed by the Defendants, without registering the loan business, with a high interest rate exceeding the statutory limit. The crime of this case is committed against Defendant A and B, and its nature is bad in consideration of the period, frequency, size, etc. of the crime.

Defendant

B has the same criminal record as B.

However, the Defendants recognized all the crimes and reflects, and the Defendants primarily loaned money to the neighbors or their neighbors at their request, and do not seem to have been engaged in the lending business in a professional and professional manner; Defendant B expressed that the degree of participation in the crime is relatively minor; Defendant A expressed that M and N did not want to be punished against the Defendants in the first instance; Defendant A is the primary offender; and Defendant A is the primary offender; and other sentencing conditions specified in the instant records and arguments, such as the Defendants’ age, sexual behavior, environment, motive, means, and consequence of the crime, and the circumstances after the crime, etc., cannot be deemed unfair since the sentence imposed by the lower court is too unreasonable.

Therefore, the prosecutor's above assertion is without merit.

B. We also examine the part concerning Defendant C, D, and prosecutor’s above Defendants C, D, and prosecutor’s unjustifiable grounds for sentencing.

The crime of this case provides money to those who need money without registering the loan business by introducing directly or without registration to those who need money.

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