The judgment below

The confiscation and collection of evidence No. 106 shall be reversed.

The rest of the defendant's appeal and the prosecutor.

1. Summary of grounds for appeal;

A. Defendant 1) No. 106 (MMM mobile phones) which was confiscated and confiscated as to the confiscated portion was merely used by the Defendant for personal use, and was not used for committing a crime of violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users (hereinafter “Loan Business Act”) due to the crime of forging the instant private document and exercising the said investigation document. Thus, it is not subject to confiscation.

2) The additional collection under the Act on the Regulation and Punishment of Concealment of Criminal Proceeds by misunderstanding the legal principles as to the additional collection constitutes an additional collection of deprivation of interest that is equivalent to the deprivation of unjust profit. Meanwhile, Article 8(4) of the Loan Business Act provides that where a debtor has paid a credit service provider interest exceeding the statutory maximum interest rate, the excess amount of the interest paid may be appropriated for the principal and the remainder of the principal, if any, can be claimed for return.

Thus, in the end, if the sum of the principal and interest repaid by the defendant does not exceed the principal of the loan, the amount that exceeds the legal interest is appropriated for the principal, and there is unjust benefit from the receipt of excess interest.

No penalty shall be imposed on the part appropriated for the loan, and accordingly, the defendant shall not be collected.

3) The sentence sentenced by the court below to the defendant (two years of suspended sentence for one year of imprisonment, two years of suspended sentence to 106, 108 of suspended sentence, additional collection, 88,515,218 of suspended sentence) is too unreasonable.

B. The prosecutor (misunderstanding the legal doctrine on the portion not guilty) lower court did not have any penal provision from January 1, 2016 to March 2, 2016.

The Court ruled.

However, Article 4(3) of the Addenda to the former Act on the Registration of Loan Business, etc. and the Protection of Financial Users (hereinafter “former Loan Business Act”), provides that “The interest rate of a contract established from January 1, 2016 to March 3, 2016” shall be governed by Act No. 12156, Jan. 1, 2016.