All appeals by the Defendants are dismissed.

1. Summary of the grounds for appeal (misunderstanding of facts or misapprehension of legal principles and improper sentencing)

A. Fact-misunderstanding or legal principles: ① the Defendants continuously lent money to 1 victim F1 as a personal monetary transaction, and did not engage in a business of lending money; ② Defendant B merely expressed that the Defendant would have been aware of the hospital to the victim while making a telephone call with the victim; and was clearly talked with the victim, and the victim was also aware of it in the monetary atmosphere, and thus does not constitute intimidation.

Nevertheless, the judgment of the court of first instance which pronounced guilty against the Defendants is erroneous by misunderstanding facts or by misunderstanding legal principles, which affected the conclusion of the judgment.

B. Each punishment sentenced by the first instance court (Defendant A: fine of 700,000 won, Defendant B: fine of 1,000,000 won) is too unreasonable.

2. Determination

A. Determination of the misapprehension of the legal doctrine on factual mistake or misapprehension of the legal doctrine provides that the main text of Article 2 Subparag. 1 of the Act on Registration of Loan Business, etc. and Registration of Loan Business, Etc. and Protection of Financial Users (hereinafter “Loan Business Act”) provides that “a loan business refers to a business of lending money (including providing money through bill discount, etc.) or a business of collecting claims arising from a loan agreement by a person who has registered a loan business pursuant to Article 3 or a credit financial institution by transfer of claims under a loan agreement from a credit financial institution.”

Here, “business” means continuing to repeat the same act, and whether it constitutes such a business shall be determined in accordance with social norms by comprehensively taking into account various circumstances, such as whether the lending or brokerage of money is repeated or not, whether the business is conducted or not, and the purpose and frequency period of the act, regardless of whether the person or material facilities required therefor are simply equipped.