Defendant A shall reverse the part of the judgment of the court below against Defendant A.

The above defendant shall be punished by imprisonment with prison labor for one year.

1. Summary of grounds for appeal;

A. The Defendants: The respective sentence of the lower judgment (as for February and August, two years of probation, observation of protection, community service for 160 hours, prison labor for 8 to 13 hours, 100,000 won additional collection, and Defendant B: 2 years of probation, 80 hours of community service, 1 to 7 hours of punishment, and 20,00 won additional collection) is too unreasonable.

B. Prosecutor: Each sentence of the lower judgment is too unhued and unreasonable.

2. Determination ex officio on Defendant A

A. The crime of violating Article 19(1)1 of the former Act on the Registration of Loan Business, etc. and the Protection of Financial Users following the running of a unregistered loan business (amended by Act No. 13445, Jul. 24, 2015; hereinafter “former Loan Business Act”) constitutes a single comprehensive crime, among business offenders who are anticipated to repeat the same act in the nature of the constituent elements, and who are likely to engage in the same act (see, e.g., Supreme Court Decisions 2010Do429, Jul. 15, 2010; 2015Do1244, Apr. 23, 2015). (2) The Defendant’s non-registered loans extended from January 2013 to December 7, 2015 (hereinafter “former Loan Business Act”) (see, e.g., Supreme Court Decision 2010Do427, Apr. 13, 2015).

Although there is a time interval between No. 3 and No. 4, one year and nine months, in light of the fact that N, the other party to the loan 1 through No. 3, the Defendant continued to pay money under the name of interest and principal to June 2015 (the investigation record 2: 591, 602, 685 through 686, 774 through 775), and that he/she was again lent money on September 2015 (the net 5 times) and December 7 (the net 7) at a single and continuous criminal intention, it is recognized that the Defendant had committed a non-registered loan on seven occasions more than seven occasions with a single and continuous criminal intent.

Therefore, the act of loan without registration is a single comprehensive crime, and the last non-registration is made.