A defendant shall be punished by imprisonment for not more than ten months.

Items 1 through 8 of seized evidence.

The sentence of the court below (one year of imprisonment) is too unreasonable.

Judgment

In light of the period of the instant crime, frequency of the crime and the Act on the Protection of Financial Users by deceiving money from many victims while running a long-term unregistered loan brokerage business, etc., the Defendant was punished as a fine in violation of the Act on the Registration of Credit Business, etc. and Protection of Financial Users of the same kind in the past, as well as the fact that the Defendant still has the history of being sentenced to the suspension of indictment three times due to the same crime, and that there was no agreement with many victims, etc., it is acknowledged that the Defendant has led to the confession and rebuttal of each of the instant crimes. Meanwhile, the lower court agreed with some victims of the instant fraud and agreed at the lower court, and it appears that half of the amount of damage caused by the instant fraud was recovered in consultation with seven victims. In full view of all the factors such as the fact that the Defendant agreed with the victim of the instant crime of violation of the Act on the Special Cases concerning the Settlement of Traffic Accidents, the age, character and conduct of the Defendant, and the circumstances after the crime, the Defendant’s assertion is somewhat unreasonable.

In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is based on its reasoning, and the following is ruled again.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act concerning facts constituting an offense, and the choice of punishment, respectively, Article 19(1)1 and Article 3(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Article 30 of the Criminal Act shall be unregistered.