대부업등의등록및금융이용자보호에관한법률위반
1. The part of the lower judgment against Defendant A, B, and D shall be reversed.
2. Defendant A shall be sentenced to 10 months of imprisonment and Defendant B.
1. The summary of the grounds for appeal against the Defendants is that the lower court’s respective sentences (one year and two months of imprisonment, confiscation, additional collection, ten months of imprisonment and ten months of collection, Defendant C: Imprisonment with prison labor; two years of suspended execution; community service order; Defendant D’s imprisonment with prison labor for eight months; one year and six months and additional collection) are too unreasonable.
2. Determination
A. The act of receiving interest exceeding the unregistered credit business and the limited interest rate on Defendant A’s assertion requires strict punishment for crimes that cause serious social harm, such as hindering the sound development of credit business and causing damage to financial consumers. Defendant A’s criminal act period has reached about two years, and the degree of participation is not easy, and Defendant A’s act is highly likely to exceed the amount of loan and the limited interest rate.
However, in full view of the facts that Defendant A is against his mistake, favorable circumstances such as the absence of criminal records exceeding the same kind and fine to Defendant A, and other circumstances that form the conditions for sentencing as shown in the argument of this case, such as the age, character and conduct, environment, motive, means and consequence of the crime, etc. of Defendant A, the lower court’s punishment against Defendant A is deemed unreasonable.
Therefore, Defendant A’s assertion is justified.
B. As to the Defendant B’s assertion, Defendant B’s participation in the act of receiving interest exceeding the limited interest rate is not good, and the period of the crime reaches approximately one year and eight months, and the degree exceeding the limited interest rate is very significant, etc. are unfavorable to Defendant B.
However, it seems that Defendant B is against his own mistake, that the degree of participation of Defendant B is not much serious, that there is a family member to support Defendant B, that there is no criminal record exceeding the same kind of crime and fine, and other favorable circumstances such as the age, character and behavior, environment, motive, means and consequence of the crime, etc. of Defendant B.