대부업등의등록및금융이용자보호에관한법률위반
Defendant
All appeals filed by A and prosecutor are dismissed.
Summary of Reasons for appeal
A. In full view of the provisions of the Act on Registration of Loan Business, Etc. and Protection of Financial Users (hereinafter “Loan Business Act”), the lower court acquitted the Defendant on this part of the legal doctrine, thereby adversely affecting the conclusion of the judgment. In so doing, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
2) The lower court’s dismissal of sentencing against the Defendants is so unfair that the following punishments are too unhued and unfair.
Defendant
A: Imprisonment of 10 months, suspended execution of 2 years, community service 120 hours, Defendant B: Imprisonment for 8 months, suspended execution of 2 years, community service 120 hours.
B. The punishment sentenced by the court below against Defendant A (unfair sentencing) is too unreasonable.
2. Determination
(1) Article 2(1) of the Interest Limitation Act and Article 8(2) through (5) of this Act shall apply mutatis mutandis to the interest rate on a loan made by an unregistered credit service provider.
(2) Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: < Amended by Act No. 12154, Jan. 1, 2014>
3. Article 2 (Period of Validity, etc.) (1) Articles 8, 11 (1), and 15 (1) and (2) shall remain effective until December 31, 2015, as amended by Act No. 1215, Jan. 1, 2014;
(2) With respect to a person who has received interest, in violation of the amended provisions of Articles 8, 11 (1), and 15 (1) and (2) during the term of validity under paragraph (1), during the term of validity, Article 15 (4) and Article 19 (2) 3 and 10 shall apply even after the term of validity under paragraph (1) expires.
1) Comprehensively taking into account the provisions of the former Loan Business Act (amended by Act No. 14072, Mar. 3, 2016; hereinafter the same), and the scope of punishment, the unregistered credit service provider.