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[Defendant A] The part of the lower judgment against Defendant A is reversed.
Defendant
A shall be punished by imprisonment with prison labor for one year and six months.
Reasons
1. Each sentence ( ① Defendant A: imprisonment with prison labor for 2 years, 4 years of probation, 320 hours of community service order, Defendant B: imprisonment for 1 year and 6 months of probation, 3 years of probation, 200 hours of community service order, ③ Defendant C: Imprisonment for 8 months of probation and 2 years of probation) declared by the court below is too unreasonable.
2. It is recognized that Defendant A, Defendant A, and B engaged in unregistered loan business without registration, advertised the loan business without registration, charge of interest exceeding the limited interest rate, etc., and that there is considerable frequency of loan or loan amount, and that the above Defendants were punished for the same crime.
However, considering the above defendants' attitude to reflect their wrongness, there is no record of punishment as imprisonment or imprisonment without prison labor, and the defendant B has no other record of punishment except for one-time fine, and the above defendants' age, sex, environment, motive and circumstance of the crime, means and result of the crime, etc., the punishment imposed by the court below on the above defendants is somewhat unreasonable.
Defendant
C It is recognized that Defendant C had an attitude to reflect his mistake, and that the above Defendant had no history of punishment exceeding the same kind of power or fine, but it is not reasonable that the above Defendant was engaged in a loan business without registration, and that the nature of the crime is not good, such as advertising the loan business without registration, and receiving interest exceeding the limited interest rate, and the frequency and amount of the loan, and other various sentencing conditions indicated in the argument of this case, including the above Defendant’s age, sex and conduct, environment, motive, circumstance, means and consequence of the crime, and the circumstances after the crime, etc., are examined, it cannot be said that the lower court’s punishment is too unreasonable.
3. Conclusion, Defendant C’s appeal is without merit, and thus, pursuant to Article 364(4) of the Criminal Procedure Act.