The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (the mistake of facts or misapprehension of legal principles);

A. The Defendant violated the Act on Registration of Credit Business, etc. and Protection of Financial Users, which was held in the judgment below, committed an act of lending money to the applicant when there was an application for the loan of facilities of small and medium enterprises, with the belief of the victim that the applicant can receive a high amount of commission if he borrowed money before approval was granted. Therefore, the court below erred by misapprehending the facts or by misapprehending the legal principles on credit business, which affected the conclusion of the judgment.

B. The Defendant, in violation of the Fair Collection of Claim under the judgment of the court below, did not have to make a written statement by threatening the victim on May 26, 2010. Thus, the court below erred by misapprehending the facts or by misapprehending the legal principles on credit business, which affected the conclusion of the judgment.

2. Determination:

A. Regarding the assertion of misconception of facts or misapprehension of legal principles as to the violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users, the term "credit business" under the main sentence of Article 2 subparagraph 1 of the Act on Registration of Credit Business, etc. and Protection of Finance Users refers to the continuous and repeated act of lending money. The issue of whether the term "business" here constitutes such a business refers to the continuous repetition of the same act. The determination shall be made according to ordinary social norms by comprehensively taking into account various circumstances, such as the repetition of lending of money, continuity of business, the purpose of the act, the size and frequency of the act, and the attitude of the act, regardless of whether the person or material facilities required therefor are simply equipped. The determination shall be made according to the following factors: (a) lending of business funds for a short period under the pretext of investment, and receiving the money from the name of the investment commission