대부업등의등록및금융이용자보호에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of four million won.
The above fine shall not be paid by the defendant.
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (two years of suspended sentence for six months of imprisonment) is too unreasonable.
2. The crime of violation of the Act on the Registration of Credit Business, etc. and Protection of Financial Users, such as this case, requires punishment in light of the legislative purpose of establishing sound financial transaction order and protecting debtors who lack economic capacity by regulating interest rates, etc. of credit service providers, and the defendant's liability is not easy in light of the defendant's period of engaging in unregistered credit business, amount of loan, and the agreed interest rate significantly exceeding the statutory interest rate, and the fact that there is no agreement with D, E, and H among victims is disadvantageous to the defendant.
However, the defendant did not have the history of punishment for the same crime, and all of the crimes of this case are recognized, as a result of efforts to recover damage, and as a result, the victim C, R, S, G, and F did not want punishment, and the victim did not want punishment in the course of the investigation, and the victim T, Q and Q did not wish to do so, and the defendant does not seem to have committed illegal debt collection against the debtor. The defendant's age, the defendant's age, the size, period, frequency, number of the crime of this case, excess, interest rate, motive and circumstance after the crime, and other various circumstances, which are the conditions for sentencing as shown in the records and arguments of this case, are considered unfair.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below. Therefore, it is true in accordance with Article 369 of the Criminal Procedure Act.