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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 6,000,000.
The above fine shall not be paid by the defendant.
Reasons
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 period, frequency, amount, and size of interest received in excess of the limited interest rate, etc. of the instant crime, the nature of the Defendant is not good.
However, it seems that the defendant committed the crime of this case with the money borrowed from another person while the defendant was suffering from alcohol livering as a person with disabilities of grade 5 with hearing disability and suffers from alcohol livering as a person with disabilities of grade 5, and children of grade 3 with delay disability and was responsible for his family's livelihood as a person with disabilities of grade 3. It seems that the defendant committed the crime of this case with the money borrowed from another person. The considerable portion of the money borrowed through co-defendant A of the court below seems not to have been repaid through co-defendant A of the court below, and other factors of sentencing specified in the records and arguments of this case such as the defendant's age, character and behavior, career, environment, the background and result of the crime of this case, the circumstances after the crime of this case, etc. are considered to be unfair.
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 identical to each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
(However, the list of crimes against the accused is as shown in the separate sheet). Application of the statute
1. Article 19 (1) 1 and Article 19 (1) 1 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and the Selection of Punishment;