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. In light of the legislative intent of the Act on Registration of Credit Business, etc. and Protection of Finance Users with the aim of establishing a sound financial transaction order and protecting financial consumers in the position of the economically weak, and the duration, frequency, amount, etc. of the instant crime, the Defendant’s nature of crime is not good, despite the fact that the Defendant had been subject to criminal punishment several times as a violent crime, intended to collect the claim by force against the victim D, and the remaining victims who have not been agreed are punished against the Defendant.
However, considering the defendant's age, character and behavior, career, environment, the background and result of the crime of this case, and all of the sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime, it is deemed that the court below's punishment (five million won of fine) is too unreasonable.
2. 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 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 original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, Article 19 (2) 3, and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (the point of violation of interest rate limitation and the