All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (30,000,000 won) by the lower court is too weak, and the lower court did not impose an additional collection on behalf of the Defendant. Therefore, it is unreasonable.

B. The lower court’s punishment is too unreasonable.

2. Determination

A. Confiscation and additional collection as prescribed by the Act on Regulation and Punishment of Concealment of Criminal Proceeds for Determination of Additional Collection should be specified, and since it is voluntary, the determination of the sentence is at the discretion of the court, even if it meets the requirements.

In light of the legislative purport of Article 8(3) and Article 10(2) of the above Act stipulating that where a borrower has entered into a loan agreement with a borrower in excess of the limited interest rate, the interest agreement on the portion exceeding the restricted interest rate shall be null and void, and even if the defendant has received interest exceeding the restricted interest rate for the borrower, it shall be appropriated for the principal or returned to the borrower even if he/she has received such interest, and that where the property such as criminal proceeds is a property damaged by crime, it shall not be confiscated or collected. Unless there are special circumstances in the instant case, it shall be determined that the excess interest paid should be appropriated for the principal of the borrower or returned to the borrower for illegal gains, and that it is improper to confiscate or collect the excess

B. The following points are that the Defendant’s argument of unfair sentencing is disadvantageous to the Defendant.

The crime of this case is not a good crime because the defendant received interest exceeding the limited interest rate while running a loan business without registration.

On March 9, 2015, the Defendant was sentenced to six months of imprisonment due to the opening of gambling, and was released from prison upon the termination of the enforcement, and thereafter committed the instant crime during the repeated crime period.

On the other hand, the following conditions are favorable.

Defendant acknowledges and reflects crimes.

There is no record that the defendant was punished for the same crime.