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(영문) 대구지방법원 2017.02.15 2016노633
대부업등의등록및금융이용자보호에관한법률위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 9,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of suspended sentence of six months, confiscation, collection 4870,00 won) is too unreasonable.

2. In light of the fact that the defendant has been sentenced to a fine for a total time, has the record of being sentenced to suspension of execution and has the record of being punished for the same kind of crime, that the defendant's receipt of interest beyond the margin set by the law related to loan business affects the economic stability of ordinary people, and the social harm caused by such act and the serious social harm, etc., the crime quality of the crime of this case committed by the defendant is less likely to be committed.

It is recognized that it cannot be done.

However, the Defendant: (a) led to the confession of all crimes; (b) the Defendant’s mistake was divided; (c) returned the interest to F in the course of the investigation; and (d) agreed to return the interest to E, D, and R respectively; and (c) taking into account all of the sentencing conditions in the pleadings of the instant case, such as the size, period, interest rate of the loan without registration of the instant case; (d) the Defendant’s age, sexual conduct, environment; (e) the motive, means, and consequence of each of the instant crimes; and (e) the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 19(1)1, Article 3(1) of the Act on the Protection of Financial Users (including the occupation of unregistered loan business, including the occupation of unregistered loan business), registration of each loan business, etc., and Articles 19(2)3 and 11(1) of the Act on the Protection of Financial Users, each of whom shall be punished by a fine;

1. Concurrent Crimes.

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