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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (e.g., a fine of 5 million won) of the lower court is too unreasonable.
2. Prior to the judgment on the Defendant’s assertion of unfair sentencing, prior to the judgment on the ex officio decision, the Prosecutor applied for the amendment of the indictment to the effect that “the prior interest of 1738% per annum” in Article 2(6) of the facts charged was changed to “the prior interest of 1351.8% per annum.” Since this court was changed to the subject of the judgment upon permission, the lower judgment was no longer maintained.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is decided as follows, without examining the defendant's ex officio reversal grounds, such as Paragraph (2).
Criminal facts
The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court is as follows: (a) except where the facts constituting an offense in the judgment below, the “1738% per annum” of Paragraph (2) 6 of the same Article is deemed as “1351.8% per annum” of the judgment below, and thus, it is identical to each corresponding column of the judgment below, thereby citing it as is in accordance with
Application of Statutes
1. Article 19 (1) 1, Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, Article 19 (1) 1, Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Selection of fines, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The crime of violating the Act on Registration of Credit Business and Protection of Financial Users, etc., for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, is deemed to lack sound financial transaction order and economic ability by regulating the interest rates, etc. of credit service providers.