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(영문) 의정부지방법원 2013.06.07 2013노102
대부업등의등록및금융이용자보호에관한법률위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2 million won of fine) is too unreasonable.

2. It is true that there is a need to strictly punish the same matter as the act in its holding in consideration of the legislative intent of the Act on Registration of Credit Business, etc. and Protection of Finance Users with the aim of ensuring the sound development of credit business as well as protecting finance users and contributing to the stable economic life of the people.

However, in full view of the following circumstances: (a) the Defendant has recognized all of the crimes committed by him; (b) the Defendant has no criminal history of the same kind; (c) the period or scale of running credit business under the unregistered registration; and (d) the Defendant’s age, character and conduct, circumstances leading to this case; (b) circumstances leading to this case; and (c) the conditions for sentencing as indicated in the argument of this case, the sentence imposed by the lower court against the Defendant is somewhat unreasonable; and (d) the Defendant’s above assertion is reasonable.

3. According to the conclusion, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered again after pleading.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 19 (1) 1, Article 3, Article 19 (2) 3, and Article 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and the Selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As examined in the grounds for reversal of the sentencing of Article 334(1) of the Criminal Procedure Act, the provisional payment order is examined.

It is so decided as per Disposition for the above reasons.

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