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(영문) 울산지방법원 2013.08.23 2013노160
대부업등의등록및금융이용자보호에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case, the punishment (one million won per fine) imposed by the lower court on the Defendants is too unreasonable.

2. Determination

A. From January 27, 2010 to May 4, 2010, Defendant A’s criminal act of this case is relatively short-term, and the frequency of the crime of violation of limited interest rates is limited to eight times, and the amount of loan is not much high. Although there are favorable circumstances such as the Defendant’s violation of his/her own fault, this circumstance seems to have already been sufficiently taken into account in the original judgment, there is no special change in circumstances that could change the sentence of the lower court. Defendant committed the instant crime during the suspension period of one year after being sentenced to a suspended sentence of two years for the same crime of August 7, 2009. Defendant committed the instant crime after being sentenced to imprisonment with prison labor and a fine for the same crime of this case. Defendant asserted that the Defendant committed the instant crime by requesting additional loans from the obligor during the collection of existing debts, but there is no material to acknowledge that the Defendant committed the instant crime, but there is no considerable number of times, considering the Defendant’s age and circumstances that he/she received the payment of interest, and there is no reason for sentencing.

B. From November 10, 2009 to October 27, 2011, Defendant B’s term of the instant crime is relatively long-term. The Defendant’s frequency of lending from the instant crime reaches 198 times, and the amount of lending is a considerable amount of KRW 2,921,430,000, and there is a history of criminal punishment by being sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc., and all other sentencing conditions, including Defendant’s age, character and conduct, environment, and circumstances after the crime, etc. are comprehensively taken into account.

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