대부업등의등록및금융이용자보호에관한법률위반등
Defendant
C All appeals against the Defendant A by the Prosecutor and the Prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court against Defendant C (one year of imprisonment, two years of suspended execution, and 120 hours of community service) is too unreasonable.
B. The Prosecutor (the Defendant A)’s sentence (the fine of KRW 7 million) sentenced by the lower court against the Defendant A is too unhued and unreasonable.
2. Determination
A. The judgment on the appeal by the defendant C is recognized that the defendant led to the confession of the crime, the defendant does not seem to have used illegal means for the collection of the loan, the defendant's agreement with 16 victims and 16 victims does not want the punishment of the above victims, and the defendant is the first offender.
However, in light of the legislative intent of the Act on Registration of Credit Business, etc. and Protection of Finance Users, which aims to promote the sound development of credit business and contribute to protecting the financial users and stabilizing the economic life of the people, the crime of this case is committed by the defendant, and the defendant has received considerable interest while running credit business for a long period of time, and the frequency and amount of the lending act is small, and the amount of the lending amount is not small, and the defendant's profits acquired by the crime of this case may not be much significant, considering the character and conduct of the defendant, the motive, background, means and method of the crime of this case, the circumstances after the crime of this case, etc., it is not determined that the punishment of the court below against the defendant C is too unreasonable.
Therefore, Defendant C’s above assertion is without merit.
B. The Prosecutor’s appeal against Defendant A by Defendant A was filed by Defendant A without registering the credit business, and further, Defendant A was engaged in the credit business without unlawful means, such as taking the victim K andO’s desire to recover the loan.