대부업등의등록및금융이용자보호에관한법률위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the fact-finding) is reasonable to deem that the Defendant was engaged in lending business in light of the fact that the sum of the loans by the Defendant amounts to KRW 24.5 million and that interest exceeding the statutory interest rate was paid over 10 times, G and F did not have any kind of relationship with the Defendant. However, the lower court acquitted the Defendant of the facts charged in this case. The lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.
2. The facts charged and the judgment of the court below
A. The instant charges No. 1) Although a person who intends to engage in credit business that engages in unregistered credit business should register with the competent administrative agency having jurisdiction over the pertinent place of business, the Defendant loaned 200,000 won to E at “D restaurant” located in Seosan-si, Seosan-si, and offered 190,000 won with the prior interest rate of KRW 1.0 million from around 2010 to March 30, 201, and provided 1.9% interest rate of KRW 24,50,000 per annum from 201,000 to 201,000,0000,000,000 won per annum from 201,000,0000 won per annum from 201,000,000 won per annum, including the interest rate of KRW 301,000,000,000,000,000,000.
B. The lower court’s judgment: (a) the Defendant was aware of the lending of money, E, and H for a considerable period prior to this; and (b) G and F are aware of each other prior to the instant lending.