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The judgment below
The part against the Defendants is reversed.
Defendant
A Imprisonment for two years, and Defendant B for a fine of 10,000.
Reasons
1. Summary of grounds for appeal;
A. As to Defendant A1’s misapprehension of the legal doctrine, registration of businesses that misleads the Plaintiff, etc. and violation of the Act on the Protection of Financial Users (hereinafter “Violation of the Loan Business Act”), the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine, despite that the Defendant did not receive interest exceeding the statutory interest rate, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine.
2) The lower court’s punishment against Defendant A who was unfair in sentencing (two years of imprisonment) is too unreasonable.
B. The lower court’s punishment against Defendant B (10 million won) against Defendant B is too unreasonable.
2. Determination
A. As to Defendant A’s assertion of misunderstanding of the legal doctrine and factual mistake, Defendant A’s assertion that the principal and interest should be repaid in installments, including the interest exceeding the limited interest rate (hereinafter “the agreement on equal division of the principle”) is established in the event a loan was made by the person operating a loan business, the issue of whether the loan business constitutes a violation of the law is sufficient if the interest included in each interest included in the repayment principal and interest amount exceeds the limited interest rate (see, e.g., Supreme Court Decision 2010Do2060, Dec. 27, 2012). Any loan in the daily table regarding the violation of the law regarding the loan business of this case is an agreement on equal division of the principal and interest in a way that equals the principal and interest (an altered payment) added to a certain loan for a certain period, or repayment of the principal and interest at once after a certain period is made.
Therefore, with respect to the crime of violation of the loan business law against Defendant A, the interest rate under the agreement exceeds the limit rate, and the principal and interest are paid at any time.