A. misunderstanding of facts or misunderstanding of legal principles agreed at the time of the instant loan as 3.25% (year 39%) and 3.75% of the loan amount to be borne by the debtor (such as management expenses, parking expenses, etc. of mortgaged vehicles). The “security preservation expenses” under the proviso of Article 8(2) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”), constitutes “expenses necessary for the conclusion and repayment of the relevant transaction” under Article 8(2) proviso of the Enforcement Decree of the Credit Business Act (amended by Presidential Decree No. 25293, Apr. 1, 2014; hereinafter “Enforcement Decree of the Credit Business Act”), and should be excluded from the “expenses for the creation of security interest” under Article 5(3)1 of the Enforcement Decree of the Credit Business Act.

Since the Defendant received only 3.25% per month as agreed interest, the Defendant did not receive interest exceeding the limited interest rate (39% per annum).

The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in mistake or misapprehension of legal principles.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts or misapprehension of legal principles, Article 8 (2) of the Credit Business Act provides that "any person who receives a credit service provider in connection with a loan regardless of its name, such as honorarium, discount, fee, mutual aid, overdue interest, substitute payment, etc., in calculating the interest rate under paragraph (1) shall be deemed interest: Provided, That this shall not apply to the matters prescribed by Presidential Decree, which are incidental expenses to the conclusion and repayment of the relevant transaction." Accordingly, Article 5 (3) of the Enforcement Decree of the Credit Business Act provides that "the term "matters prescribed by Presidential Decree" under the proviso to Article 8 (2) of the Act refers to the following expenses" and subparagraph 1 provides that "expenses for the creation of a security interest". The purport of the above provision is from the debtor under the name of honorarium, discount, commission, mutual aid, interest, etc.