The judgment below is reversed, and the case is remanded to Busan District Court.

The grounds of appeal are examined.

1. Part on violation of the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”).

A. The principle of no punishment without law requires that crimes and penalties be determined by law in order to protect individual freedom and rights from arbitrary exercise of the state penal authority.

In light of such purport, the interpretation of the penal law must be strict, and it is not permitted to expand or analogically interpret the meaning of the explicit penal law in the direction unfavorable to the defendant as it is against the principle of no punishment without law.

(see, e.g., Supreme Court Decision 2012Do14725, Nov. 28, 2013). Article 19(1)1 of the Credit Business Act provides that a person who is engaged in credit business, etc. without being registered with the competent Mayor/Do Governor under Article 3 of the same Act shall be punished.

Article 2 Subparag. 1 of the Credit Business Act provides that "credit business" means a business of lending money (including lending money by discounting notes, transferring property for security, or by any other means similar thereto) or a business of collecting claims under a loan agreement, which have been transferred by a credit service provider or a registered credit financial institution, from a registered credit service provider or credit financial institution."

B. In light of the relevant provisions and legislative purpose of the Credit Business Act, the prior meaning of the “loan of money,” and the nature and effect of the bill discount and the transfer of security, etc. cited by Article 2 Subparag. 1 of the Credit Business Act as being included in the “loan of money,” it is reasonable to view that the “loan of money” under Article 2 Subparag. 1 of the Credit Business Act, as its conceptual element, must necessarily include the act of providing credit by providing money under the premise that at least a certain amount of money should be returned, regardless of the means or method of transaction, at least, at

Specific reasons are as follows.

(1) Article 1 of the Credit Business Act shall apply to credit business and credit brokerage business.