The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although there was a mistake of facts or misapprehension of legal principles that the Defendant lent money to D, E, or G, it was merely a money transaction between neighbors and it was merely a money transaction between neighbors, and the Defendant did not run a business of lending money upon D’s request, the lower court found the Defendant to have operated a unregistered credit business and sentenced the Defendant guilty. Therefore, the lower court erred by misapprehending the facts or misapprehending the legal principles on credit business, thereby adversely affecting

B. In light of the fact that the defendant left the place of unfair sentencing and maintains his livelihood by selling it, and the defendant is not able to recover the principal of the money loaned to D, etc., the punishment imposed by the court below (one million won of fine) is excessively unreasonable.

2. Determination

A. The main text of Article 2 Subparag. 1 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Act”) 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, e.g., Supreme Court Decision 2012Do4390, Jul. 12, 2012). (2) The lower court is the lower court.