대부업등의등록및금융이용자보호에관한법률위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (two years of imprisonment with prison labor for six years, two years of probation, and one hundred and twenty hours of community service order) declared by the court below is too unhued and unreasonable.
2. The crime of this case is a crime in which the Defendant received interest exceeding the limited interest while running a unregistered credit business for three years, and the Defendant has already been sentenced to a fine of five million won for the same crime and has the record of punishment.
However, the Defendant does not seem to have used illegal means, such as assault, while running an illegal credit business, and the Defendant is able to repent of the error while committing the instant crime in depth, and taking into account all the conditions of sentencing as shown in the instant pleadings, including the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s judgment cannot be said to have exceeded the reasonable bounds of discretion.
Therefore, we cannot accept the prosecutor's allegation of unfair sentencing, since the court below's punishment is too uneasible and too uneasible.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.