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The judgment of the court below is reversed.
Defendant shall be punished by a fine not exceeding five million won.
The above fine shall not be paid by the defendant.
Reasons
1. The defendant does not submit a statement of grounds for appeal to the court of the competent trial, and the defendant's defense counsel submitted a petition of appeal to the court of the competent trial on January 8, 2014, does not include the grounds for appeal in
However, the court of appeals may decide ex officio on the grounds of appeal on the grounds of unfair sentencing, even if the grounds of appeal are not included in the grounds of appeal.
2. The judgment of the court below acknowledged that the defendant, while denying that he received interest in excess of the limited interest rate, he did not properly reflect his mistake. The defendant was present at the court below's first and second court date before the third court date and was in a locked state without being identified until now since he had been absent from the third court date. The fact that the circumstances after the crime are not good after the crime is unfavorable to the defendant.
However, in light of the following circumstances: (a) the Defendant did not have the same criminal record before committing the instant crime; (b) the Defendant’s unregistered credit business size is not large; (c) the period is shorter; and (d) the Defendant’s age, character and conduct, environment, and family relationship, and other various circumstances that form the conditions for sentencing as indicated in the instant records and arguments, the sentence imposed by the lower court is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 19 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and the Selection of Punishment;