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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (1) When a mistake of facts Defendant 1 lent money to E, the Defendant was running a singing room, not having lent money to E while running a credit business, and the interest on money lent to E is merely 48% per annum different from the facts charged. (2) The sentence of fine of KRW 1 million imposed by the lower court of unfair sentencing is too unreasonable.
B. As to the point of running a unregistered credit business without mistake of facts and the point of exceeding the limit thereof, Defendant B (1) borrowed money from another person upon the request of the E and did not run a credit business again, and the interest on the money lent to E is not more than 120% per annum, unlike the facts charged. With respect to debt collection by intimidation, etc., there is no fact that the Defendant intended for the victim, but there was no threat like the facts charged. Regarding the injury, there was no fact that the Defendant took back clothes less than the back of the victim, but there was no fact that the victim took a face by hand, and the victim did not have any injury due to the Defendant’s assault. (2) The sentence of fine of KRW 2 million imposed by the lower court is too unreasonable.
2. Judgment on the misunderstanding of facts or misapprehension of legal principles by the Defendants
A. Determination on the violation of the Act on Registration of Credit Business, etc. and Protection of Finance Users 1) The Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”) shall apply to the point of running unregistered credit business.
The purpose of the main sentence of Article 2 subparag. 1 of the Credit Business Act is to examine whether an unregistered credit business is engaged in the business of lending money (including the delivery of money by bill discount, transfer for security, or any other similar means; hereinafter referred to as "loan"), or to make a registration of credit business pursuant to Article 3 (hereinafter referred to as "credit business operator").
.. The credit financial institution.