The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

The defendant is working for the work of removing and driving a misunderstanding of facts, and C only lent money due to the lack of funds for the funeral service operation in the office of the C, and there is no fact that the lending of money was operated as a business.

The sentence of the lower court on unreasonable sentencing is too unreasonable.

In order to maintain the facts charged in the case at the trial, the prosecutor of the judgment ex officio applied for the amendment of the indictment to add the facts charged in the case to the facts charged as preliminary charges, including the violation of the Interest Limitation Act, the applicable provisions of Article 8 (1) and Article 2 (1) of the Interest Limitation Act, and the following [the judgment]. Since the court added the facts charged in the case to the judgment upon permission, the judgment of the court below cannot be maintained any longer.

However, the defendant's assertion of mistake of facts against the primary facts is still subject to the judgment of this court, and this is examined.

The defendant is a person who engages in credit business without a certain trade name and office in the primary charge of determining the mistake of facts against the defendant.

Any person who intends to engage in credit business shall file for registration with the Mayor/Do Governor having jurisdiction over the relevant place of business.

Nevertheless, around October 31, 2016, the Defendant lent KRW 3 million to C in a store operated by Dongdaemun-gu Seoul Metropolitan Government, and agreed to receive repayment of KRW 36,000 per 10 days as well as to borrow KRW 10 million in total from around that time to September 25, 2017, and operated credit business without registering the credit business with the competent authority.

Where an unregistered credit service provider lends a loan, the interest rate shall not exceed 25 percent per annum.

Nevertheless, the Defendant lent 3 million won to C on the condition that C shall be repaid daily 36,000 won for 100 days at the time, place, and place described in paragraph (1).