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The judgment of the court below is reversed.
Defendant
A shall be punished by a fine for negligence of KRW 7,000,000 and by a fine of KRW 2,00,000.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the punishment (the fine of KRW 10,00,000, and the fine of KRW 5,000) of the original judgment is too unreasonable.
2. The defendants appear to recognize and reflect all of the crimes of this case, there is no criminal records, Defendant A did not have the same criminal records in the case of Defendant B, Defendant B took charge of debt collection affairs under the direction of Defendant A, a credit service provider, and the degree of participation in the crime is lower than Defendant A, and the defendants' age, occupation, and all other matters concerning the sentencing specified in the records and arguments of this case are considered to be unfair because the punishment of the court below against the defendants is too unreasonable. Thus, the defendants' assertion is justified.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below is delivered following the pleadings.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding column 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. The Defendants in charge of the relevant criminal facts and the choice of punishment: Articles 19(2)3 and 8 of the Act on Registration of Credit Business, etc. and Protection of Finance Users: Articles 19(2)3 and 8 of the Criminal Act; Article 30 of the Criminal Act; Articles 15(1) and 9 subparag. 1 of the Fair Debt Collection Practices Act; Article 30 of the Criminal Act; Article 19(2)3 and Article 8 of the Act on Registration of Credit Business, etc. and Protection of Finance Users; Articles 15(1) and 9 subparag. 1 of the Fair Debt Collection Practices Act; and Article 19(2)3 and Article 8 of the Act on Registration of Credit Business, etc. and Protection of Finance Users; Selection of fines;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;
1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;
1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;