Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

A. misunderstanding of facts: (a) The Defendant merely lent KRW 9 million to D upon the E’s request, but did not run credit business; (b) did not receive interest from D; and (c) did not threaten D; and thus, the lower court found the Defendant guilty of all the charges of this case on the ground that there was no error of mistake of facts.

B. The penalty of the lower judgment on the grounds of unreasonable sentencing (one million won by fine) is too unreasonable.

2. Determination

A. misunderstanding of facts 1) The Defendant, who is running a unregistered credit business, lent D 5 million won to D on November 2010 on condition that D would be repaid KRW 5 million in 12 times a week, 500,000,000,000 in 12 times a week. The Defendant loaned 4 million won in 12 times a week thereafter to D 4,80,000 won in 12 times a week. The Defendant made a statement that D had been running a credit business against the main agent in the vicinity of the shipping fleet. In light of the fact that D’s statements are consistent, specific, and there are no reasonable grounds to suspect its credibility, it can be sufficiently acknowledged that the Defendant had been given and received interest payment exceeding 9 million won in total from D, and that the Defendant had been given and paid the remainder of 9 million won in 3,000,000 won in 90,0000 won in 2.3.61,000,000 won in 2.

In light of the consistent, concrete, and no reasonable circumstance exists to suspect the credibility of D’s statements that have been threatened by the Defendant’s intimidation, the Defendant is the defendant.