The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact-finding, the defendant merely lent money to a person who became aware of funeral services in the H market and did not make a loan "business", but the court below convicted the defendant. The judgment of the court below is erroneous in the misunderstanding of facts.

B. The sentence imposed by the court below on the defendant (six million won of fine) is too unreasonable.

2. The main text of Article 2 Subparag. 1 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users provides that “credit business” means a business of lending money (including granting money by bill discount, transfer for security, or any other similar means; hereinafter “loan”) or a business of collecting claims arising from a loan agreement, by being transferred by a person who has registered his/her credit business pursuant to Article 3 (hereinafter “credit business entity”) or a credit financial institution (hereinafter “credit business entity”) or a person who has registered his/her credit business pursuant to Article 3.

Here, the term “business” means continuing to repeat the same act, and whether it constitutes such act ought to be determined in accordance with social norms by comprehensively taking into account various circumstances, such as lending or brokerage of money, repetition and continuity of brokerage, existence of business, purpose, size, frequency, period, and mode of the act, without relation to whether the act was simply equipped with human or physical facilities necessary therefor.

(See Supreme Court Decision 2012Do4390 Decided July 12, 2012). In other words, the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, ① the Defendant’s lending of money to C twice, E, three times, and twice to F, and the Defendant’s payment of high interest rate is expected to be paid, and the method of lending money is deemed to exceed the mere extent of a loan for consumption among private persons, and ② E and F, the Defendant.