The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The main point of the grounds for appeal is that the lower court’s imprisonment (two months of imprisonment and two years of suspended execution) is too unfluent and unfair.

2. The crime of this case in light of the following facts: (a) the Defendant, while running a credit business, received interest excessively higher than the limited interest rate while running the credit business; (b) while running a registered credit business without registration even after the closure of the credit business; and (c) the Defendant placed an advertisement for the payment of interest exceeding the limited interest rate and the credit business; (c) the Defendant denied part of the facts charged in this case; (d) the Defendant had the record of being sentenced to a fine of five million won for the same kind of crime in 2010; and (e) other factors such as the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime; (e) the motive and circumstance leading to the instant crime; (e) the circumstances before and after the instant crime; and (e) the health conditions, etc., all the sentencing conditions specified in the argument in the instant

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns 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. Article 19(2)3 and Article 8(1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and the Selection of Punishment, and Article 19(2)3 and Article 8(1) of the Act on the Protection of Finance Users (the fact of violating the restriction on interest rates, the fact of violating the restriction on interest rates), Articles 19(1)1 and 3(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Articles 19(1)3 and 9-2(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Article 19 of the Act on Registration of Credit Business, etc. and Protection of Finance Users.