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(영문) 울산지방법원 2017.02.16 2016노2181
대부업등의등록및금융이용자보호에관한법률위반등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence imposed by the lower court on the Defendants (two months of imprisonment, six months of imprisonment, six months of imprisonment; two years of suspended execution; two years of suspended execution; surveillance of protection; community service; 160 hours; and six months of imprisonment; two years of suspended execution, six months of imprisonment; two years of suspended execution; surveillance of protection; community service; and 200 hours of community service) are too unreasonable.

2. The fact that the Defendants recognized all of their mistakes and reflects on the fact that Defendant A committed a crime after completing the normal registration of loan business, and Defendant B and C did not have any record of punishment for the same kind of crime, etc. are favorable to the Defendants.

However, the Defendants borrowed money without registering the lending business to the competent authorities or received interest exceeding the restriction rate in the course of lending money. Such crimes are aimed at ensuring the sound development of the lending business, protecting the financial users, and excluding the legislative intent of the lending business law enacted to contribute to the stabilization of the economic life of the people, so there is a high possibility of social criticism. In light of the number of crimes committed by the Defendants and the size of profits from the crime, etc., the crime is not easy.

Moreover, even though Defendant A, D, and E had been punished for the same kind of crime, they have committed the crime of this case again.

B. In the case of Defendant A, there is a history of punishment several times due to drinking or non-licensed driving, and it is necessary to impose heavy liability in that Defendant A has committed not only the crime of violating the Road Traffic Act (drinking) and the traffic law (licensed driving) during the suspension period due to the traffic crime, but also the crime of violating the Road Traffic Act (drawing).

In addition, comprehensively taking account of various sentencing conditions shown in the records and arguments, such as the age, sex, environment, and circumstances after the crime, the sentence imposed by the court below is too unreasonable.

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