The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) The Defendant is operating a usual fireworks and engaged in monetary transactions against his/her relatives and her neighbors on a one-time basis, not “the lending of money as a business”. 2) The Defendant did not have received any interest, such as that indicated in the facts charged.

B. The lower court’s sentence of unreasonable sentencing (7 million won of fine) is excessively unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, Article 2 Subparag. 1 of the Act on Registration of Credit Business, etc. and Protection of Finance Users provides that “a credit business is engaged in a business of lending money (including lending 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.”

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, 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, regardless of whether the act was simply equipped with human or physical facilities necessary therefor.

(See Supreme Court Decision 2012Do4390 Decided July 12, 2012). (b) The following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, E, by introducing a place to lend money to I, and allowing the Defendant to talk with the Defendant. It does not have a special relationship between the Defendant and E, and the Defendant is KRW 65.8 million over eight times a year from February 21, 201 to February 12, 2012.