The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts is not a person who has given C a loan of KRW 15 million and received interest, but a person has paid KRW 15 million as the time limit money and has received equal repayment of the fraternity money every month.

B. Although the defendant, by misapprehending the legal principles, sent letters to D, or found it as C's restaurant, the above acts by the defendant do not constitute a justifiable act that does not violate social rules as an act for collecting claims.

C. The sentence imposed by the lower court (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds of appeal by the Defendant’s ex officio, the summary of the facts charged in the instant case of violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users due to Unregistered Credit Business, Etc., is that “Defendant engaged in credit business by lending KRW 15 million to C around January 5, 2009 without registering with the competent Mayor/Do Governor.”

However, according to the records of this case, on July 20, 201, the Defendant was sentenced to a fine of KRW 1,200,000 by the Daegu District Court on the grounds of a violation of the Act on Registration of Credit Business and Protection of Financial Users, etc., and the said judgment became final and conclusive on July 28, 2011. The facts constituting the above final judgment are acknowledged as follows: “The Defendant, without registering with the Daegu Metropolitan City Mayor, loaned money of KRW 20 million to G around April 9, 2009, including lending money of KRW 20,000 to G, C, J, and K from August 203 to December 2010. Accordingly, the Defendant, without registering with the competent government office, provided that he/she engaged in credit business.”

According to the above facts, the facts charged against the above judgment and the violation of the Act on the Registration of Credit Business and the Protection of Financial Users are the relation of general crimes as a single criminal intent, and the above final judgment.