A defendant shall be punished by imprisonment for not more than ten months.

가. 피고인 1) 사실오인 및 법리오해 가) 대부업등의등록및금융이용자보호에관한법률위반의 점에 대하여 피고인이 아는 사람들을 통하여 짧은 기간 동안 몇 차례에 걸쳐 여윳돈을 빌려준 적이 있을 뿐, 금전의 대부를 업으로 한 사실이 없고, 설사 피고인의 행위가 대부업에 해당한다고 하더라도, 피고인이 2009년경 M에게 돈을 빌려준 행위는 기존의 대부업과는 무관한 별개의 행위이며, 2007년까지 돈을 빌려준 행위는 공소시효가 완성되었으므로, 면소판결이 선고되어야 한다.

B) There is no fact of intimidation of the victim as stated in Paragraph 3 of the instant facts charged. (2) The lower court’s sentence of unfair sentencing (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the defendant's assertion of mistake of facts and misapprehension of legal principles as to the registration of credit business, etc. and violation of the Act on the Protection of Financial Users, the circumstances as stated in the judgment of the court below can be acknowledged. The following circumstances acknowledged by the above evidence are consistent from investigative agencies to the court of the court below, and D andO repeatedly stated that the defendant lent money to many people as stated in paragraph (1) of the facts charged in this case and received interest. In light of the evidence different from the contents of each statement, there is no circumstance to suspect the credibility of each statement, and the defendant extended money to those who are not well aware of it over a long time, and whether the defendant received the repayment of money borrowed by the defendant is not an element to consider in determining whether the defendant was a business of lending money.