대부업등의등록및금융이용자보호에관한법률위반
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.
2. Determination is an unfavorable circumstance that the Defendant was sentenced to a fine for the same offense even in 2016, and that the interest rate of the instant loan agreement is 363.7% per annum and exceeds the limited interest rate.
On the other hand, there is only one victim of the instant loan agreement, and the Defendant has agreed with the victim, and the fact that the Defendant has led to the confession of all crimes, and the mistake is divided is favorable.
In full view of the factors and sentences of the sentencing in this Court, the sentencing of the court below exceeded the reasonable bounds of its discretion, when determining the sentencing.
There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.
In addition, even if the circumstances and results of the instant crime were to be considered after the instant crime, the Defendant’s age, sexual conduct, environment, etc., the sentence of the lower court is deemed to be adequate and too unreasonable.
3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.