The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. Summary of grounds for appeal;

A. The lower court convicted the Defendant of all the facts charged, but the lower court erred by misapprehending the facts or by misapprehending the legal doctrine for the following reasons, thereby adversely affecting the conclusion of the judgment.

(1) Since the Defendant’s act of receiving bonds and filing an application for or filing a lawsuit against the instant payment order (hereinafter “instant litigation”) constitutes legitimate act of collecting loan claims under the Act on Registration of Loan Business, Etc. and Protection of Financial Users (hereinafter “Loan Business Act”), Article 112 subparag. 1 of the Act (hereinafter “instant penal provision”) does not apply.

(2) The Defendant’s filing an application for a payment order with the credit service provider under the loan agreement concluded before the closure of the business does not constitute “the act of the credit service provider to acquire claims under the loan agreement and collect them by transfer from the unregistered credit service provider” under Article 9-4(1) of the loan business.

(3) Even though the Defendant’s procedural act of this case constitutes a violation of the law and the lending business law, the Defendant’s procedural act of this case does not constitute the above crime.

Since there is a justifiable reason for misunderstanding, such an act cannot be punished in accordance with Article 16 of the Criminal Act.

B. The sentence of a fine of KRW 10 million sentenced by the court below which was unfair in sentencing is too unreasonable.

2. Determination

A. The Defendant charged with the instant charges is a person who operates a debt collection company with the trade name of (ju) F from the third floor of the building in Busan-gu E-gu.

(1) When a lawyer violated the law, the defendant takes over a large quantity of non-performing loans, the collection of which is unclear at the point of dispersion, and then filed an application for a payment order or a lawsuit claiming a loan against the debtor, and the payment order or the judgment becomes final and conclusive.