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The defendant shall be innocent.
Reasons
1. Summary of the facts charged
(a) Any person who intends to operate unregistered credit business shall file for registration with the competent Mayor/Do Governor for each of the relevant places of business;
On January 19, 201, the Defendant, without registering a credit business, lent 4 million won (3.6 million won remaining after deducting 400,000 won as a prior interest) (1.5 million won after deducting 1.5 million won as a prior interest) to D, within the (ju) E office operated by the victim D in Busan Northern-gu, Busan, on condition that 10% of the principal shall be paid as interest until principal is repaid, and around February 24, 2011, the Defendant loaned 15 million won (1.5 million won after deducting 1.5 million won as a prior interest) to D on condition as above, and around March 2, 2011, loaned 10 million won (1.9 million won after deducting 1.6 million won as a prior interest) to the said D on condition as above, and loaned 3.9 million won as a total, 3.9 million won as a loan to the said D on March 2, 2011.
(b) Where a credit service provider that has not registered restrictions on interest rates makes a loan, the interest rate shall not exceed 30 percent per annum;
The Defendant, while engaging in unregistered credit business as described in the preceding paragraph, received interest of 133.3% per annum exceeding 30% of the statutory interest rate from the victim D.
2. The main text of Article 2 subparag. 1 of the Act on Registration of Credit Business, etc. and Protection of Finance Users provides that "the term "credit business" means running a business of lending or arranging money, and the term "business" here refers to the continuous repeating of the same act. Whether it falls under such a provision shall be determined according to ordinary social norms, by comprehensively taking into account various circumstances, such as lending or brokerage of money, repetition and continuity of brokerage, existence of business, purpose and scale of the act, duration, and appearance of the act, regardless of whether the person or material facilities required therefor are simply equipped.
(See Supreme Court Decision 2012Do4390 Decided July 12, 2012, etc.).