대부업등의등록및금융이용자보호에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.
2. In light of the legislative intent of the Act on Registration of Credit Business, etc. and Protection of Finance Users in order to protect financial consumers who are the economically weak and promote the sound development of credit business, it is necessary to strictly punish this case. The Defendant’s lending period is close to one year and the amount loaned by the Defendant exceeds KRW 90,000,000, and the amount of the lending amount exceeds KRW 90,000,000, and the Defendant’s lending rate exceeds 19.06% or 60% and is very high, etc., which is disadvantageous to the Defendant.
However, in full view of the following circumstances: (a) the Defendant recognized all of his criminal acts from the investigative agency to the court; (b) the Defendant has no criminal records of the same kind; and (c) the obligor does not want to punish the Defendant; and (d) the Defendant’s age, character, conduct, environment, background leading to this case; (b) circumstances after the crime was committed; and (c) the sentencing conditions specified in the argument of this case, the sentence imposed by the lower court against the Defendant appears to be somewhat unreasonable; and (d)
3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided 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 and Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, and Articles 19 (2) 3 and 11 of the Act on Registration of Credit Business, etc. and Protection of Finance Users;