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(영문) 의정부지방법원 2013.06.28 2013노340
대부업등의등록및금융이용자보호에관한법률위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment (two million won of a fine) imposed by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We examine each of the grounds for unfair sentencing by the Defendant and the prosecutor.

Considering the fact that the defendant has a history of criminal punishment several times, and that the annual interest rate for the loan is 151.2% and the limited interest rate is significantly higher, there is a need to punish the defendant strictly.

On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant led to the confession of the facts charged in this case, that the loan applicant does not want the punishment of the defendant by mutual agreement with the loan applicant, that all of the above criminal punishment records has been ten years before, and that there is no previous penalty.

Ultimately, in full view of all the circumstances leading to the Defendant’s age, character and conduct, environment, occupation, circumstances leading to the instant crime, and details of the sentencing conditions indicated in the records, such as the circumstances after the crime, the sentence of the lower court is deemed to be appropriate. Therefore, the above assertion by the Defendant and the Prosecutor

3. In conclusion, the appeal filed by the defendant and the prosecutor 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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