대부업등의등록및금융이용자보호에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (two years of suspended sentence for six months of imprisonment, community service, and confiscation) imposed by the court below is too unreasonable.
2. In light of the legislative intent of the Act on Registration of Credit Business, etc. and Protection of Finance Users with the aim of ensuring the sound development of credit business as well as protecting finance users and contributing to protecting the economic life of the people, there is a need to strictly punish the same issue as this case, and in this case, there is no substantial amount of loan money provided by the defendant in this case, but there is an unfavorable circumstance that the defendant led to the confession of the crime in this case and divided his mistake. However, on January 16, 2013 after the discovery of this case, the defendant completed education on the matters pertaining to the obligation to comply with the credit business, etc., and completed the education on the credit business, etc. on February 4, 2013. On February 5, 2013, the credit business was registered with the name of "F". On February 5, 2013, the permanent residence without any criminal power, the defendant's age, character, environment, family relationship, means and method of the crime in this case, the circumstances after the crime in this case, and the sentencing of this case.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Franchising Users for facts constituting an offense and the registration of credit business, etc. which are subject to the choice of punishment, and the occupation of unregistered credit business businesses;