대부업등의등록및금융이용자보호에관한법률위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The sentence of the lower court (a.5 million won of a fine) on the summary of the grounds of appeal is too unhued and unreasonable.
2. The circumstances are as follows: (a) considering the sentencing-related circumstances of the Defendant, the size of the Defendant’s loan was relatively small; (b) agreed with the victims; (c) the Defendant was unable to recover all the loan principal; and (d) the Defendant was the first offender.
However, in light of the fact that the damage caused by illegal private financing becomes serious day, and the suffering of the ordinary people is deepening, there is a need to severely punish the defendant and make a light. In the event of private financing, it is easy for the court to cause harm such as repayment according to the interest rate higher than the statutory interest rate due to the debtor's poor circumstances, or repayment due to violent collection methods, etc., due to the debtor's poor circumstances. In order to prevent such harm, the court below's act is prohibited from registering to the person who intends to engage in credit business or collecting claims by unlawful means. The defendant's act is in violation of the purport of this law, and it is not proper to commit the crime. In light of all the sentencing conditions indicated in the records of this case, such as the defendant's age, character and conduct, criminal act act and circumstances after the crime, etc., the prosecutor's assertion on this is reasonable.
3. According to the conclusion, since the prosecutor's appeal is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the appeal is again decided as follows.
The facts constituting the crime and the summary of the evidence recognized by this court are as follows, except where the “E” is deemed as “G” in the summary of the evidence No. 7 of the judgment of the court below, and therefore, it is identical to the corresponding column of the judgment of the court below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.