A. misunderstanding of facts or misapprehension of legal principles (1) The Defendant did not run a non-registered loan business as stated in the facts charged in the instant case or did not receive interest exceeding the limited interest rate, and only received interest from F by lending money without interest agreement at the request of F, who is not the party F.

(2) The lower court erred by recognizing the admissibility of evidence inasmuch as it is impossible to recognize the admissibility of the part of the calculation table (crime list) attached to the investigation report (Attachment of Crime List) that the Defendant consented to using the evidence as evidence.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Determination

A. The main text of Article 2 subparag. 1 of the Act on the Registration of Loan Business, Etc. and Protection of Financial Users provides that “a loan business refers to a business of lending money (including providing money through bill discount, security, or any other similar means) as a business, a person who has registered a loan business pursuant to Article 3, or a credit financial institution to collect claims arising from a loan agreement by transferring them from the credit financial institution.”

Here, “business” means continuing to repeat the same act, regardless of whether the person or material facilities required therefor are simply equipped, the determination should be made in accordance with social norms by comprehensively taking into account the various circumstances, such as whether the loan or intermediary continues to exist, whether the business is conducted, and the purpose and frequency of the act, and how the act was conducted (see, e.g., Supreme Court Decision 2013Do8449, Sept. 27, 2013). (2) The above legal doctrine different from the above circumstances, which are recognized by the evidence duly adopted and investigated by the court below, i.e., (i) the defendant registered his own business with the competent government office in Mapo-gu Seoul E and run a loan business.