The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. Progress of litigation;

A. The lower court found the Defendant guilty of the instant facts charged and sentenced the Defendant to a fine of KRW 5 million, and the Defendant appealed against the lower judgment.

B. Prior to remand, the court below acquitted ex officio on the charge of giving or receiving more restrictive interest rates on January 19, 2009 among the facts charged in the instant case, and found the remainder of the facts charged guilty and sentenced a fine of KRW 4 million, and appealed by the prosecutor on the acquitted portion.

C. Even if there was no penal provision as to a violation of the restriction on interest rates committed between January 1, 2009 and January 20, 2009, the judgment of remanding, the Defendant’s act of receiving interest exceeding the interest rate prescribed in Article 2(1) of the Interest Limitation Act from February 27, 2009 to February 17, 2010 constituted a violation of the Act on Registration of Credit Business, etc. and Protection of Finance Users due to the violation of the restriction on interest rates, reversed and remanded the acquittal portion of the judgment prior to remand.

2. The summary of the grounds for appeal asserts that the punishment imposed by the lower court (five million won of a fine) is too unreasonable.

3. After the remanding by the ex officio judgment prosecutor, “the Defendant lent KRW 2.6 million to C at the same place as the A of January 19, 2009 and received interest from C in excess of the limited interest rate until February 17, 2010,” among the facts charged in the instant case, “the Defendant shall lend KRW 3 million to C as of January 19, 2009, with the same place as C of February 19, 2009, and paid KRW 2.6 million as a fee after deducting KRW 400,000,000 from the total sum of KRW 3 million as a line interest, from February 27, 2009 to February 17, 2010.” The Defendant received interest rate exceeding the restricted interest rate by receiving KRW 3 million as of February 300,000 from February 27, 2009 to February 17, 2010.

The judgment of the court below can no longer be maintained inasmuch as the amendment of the bill of amendment was requested, and the subject of the judgment was changed by this court.