대부업등의등록및금융이용자보호에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is too unreasonable in light of the following: (a) the Defendant made confessions of and reflects against the crime in the course of the trial; and (b) the circumstances leading to the instant crime, etc., the penalty imposed by the lower court (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 aiming at establishing sound financial transaction order and protecting financial consumers in the position of the economically weak, the Defendant’s crime is not good, and the Defendant’s loan amount is not 79 million won in total.
However, there are more favorable circumstances, such as the fact that the defendant made confession of the crime and made mistake by the defendant for the first time, that the person who made the loan without being registered is only one person, that there is no criminal record against the defendant, that there is relatively old age and economic situation.
In this context, considering the various circumstances shown in the records and arguments such as the character and behavior and the environment of the defendant, the sentence imposed by the court below on the defendant is somewhat inappropriate.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts of the crime and the evidence admitted by this court is to be cited in accordance with Article 369 of the Criminal Procedure Act, in addition to correcting "five bill of commitment" in the part of the judgment below as "fourth bill of commitment" and "one bill of units per unit" as stated in each corresponding column of the judgment of the court below.
Application of Statutes
1. Article 19(1)1 and Article 3 of the Act on Registration of Credit Business and Protection of Finance Users (wholly amended by Act No. 9344, Jan. 21, 2009) relating to criminal facts and the selection of punishment.