The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant merely lent money to the account holder and did not engage in a side business.

Nevertheless, the court below found the defendant guilty of this part of the facts charged. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence that the court below rendered unfair sentencing (7 million won) is too unreasonable.

2. Determination

A. The Defendant recognized this part of the facts charged at the lower court, but is dissatisfied with this in the first instance trial.

In light of the legal principles related to the Dol-to-face and the evidence duly adopted and examined by the lower court, the Defendant is recognized to have operated a loan business without registration in collusion with B engaging in a loan business without registration with the competent government office.

Therefore, the judgment of the court below convicting this part of the facts charged is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding facts.

Therefore, this part of the defendant's argument is without merit.

Article 2 Subparag. 1 of the Act on the Registration of Loan Business, etc. and Protection of Financial Users provides that “The term “loan business” means a business of lending money (including providing money by means of bill discount, transfer security, or any other similar method), a person who has registered a loan business pursuant to Article 3, or a credit financial institution to collect claims arising from a loan agreement by transfer.”

Here, “business” means continuing to repeat the same act, and the issue of whether it constitutes such a business is various types of lending or brokerage of money, regardless of whether it is simply equipped with human or physical facilities necessary therefor, such as whether it is repeated or continued, whether it is business, whether it is business, and the purpose or scale of the act, and the purpose, frequency, period, and manner of the act.