The judgment below

The guilty portion shall be reversed.

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

The above fine shall be imposed on the defendant.

1. Summary of the facts charged in this case

(a) Any person who intends to run a credit business that was unregistered prior to registration of the credit business and a credit business that received interest in excess of the interest rate shall register with the competent administrative agency for each place of business, and if any unregistered credit service provider grants a loan, the interest rate shall not exceed 30 percent per annum;

Nevertheless, on November 21, 201, the Defendant, without registering a credit business, lent KRW 3 million to C on November 21, 201, paid KRW 2.7 million after deducting KRW 3 million under the name of the first month interest, and received KRW 300,000 per month interest from C on several occasions. In addition, the Defendant conducted unregistered credit business as described in the table Nos. 1 through 6, and received interest exceeding the limited interest rate, respectively.

There are some differences between the facts charged in this case and the facts charged by the court below in their expressions.

However, it is difficult to deem that the difference has reached the degree of undermining the identity of the facts charged in this case.

Furthermore, as to the existence of the facts clearly expressed in the facts of the crime acknowledged by the court below, that is, “the fact that the defendant received monthly interest from C, etc. several times,” the defendant asserts a mistake of facts with the following purport, and the court below should review the grounds for appeal following the reorganization of the facts of the crime of this case according to the expression in the facts of the crime recognized by the court below.

(b) If a credit service provider, after registration of credit business, lends a loan to an individual, the interest rate shall not exceed 39% per annum.

Nevertheless, on January 14, 2013, the Defendant registered the credit business with the trade name “F” in his/her own residence, and on May 6, 2013, the Defendant loaned KRW 5 million to C on May 6, 2013, and paid KRW 4.3 million after deducting KRW 700,000 from the first month’s interest, and received interest exceeding the limited interest rate, such as the sequence 7 in the attached Table 7, by receiving interest of KRW 500,000 per month from C several times.

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