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The defendant shall be innocent.
Reasons
1. Summary of the facts charged
1. Although a person who intends to engage in a credit business must register with the Cheongju City Mayor, the Defendant did not register the credit business from August 2006 to April 27, 201, and did not lend money to the victim C, and received 152% interest per annum from the victim C.
2. The defendant does not register his/her credit business, and the victim C is entitled to KRW 10 million around 13:00 on April 19, 201 and the same year.
4. Around 13:00, 27: (a) the repayment period was set as one month, and a 1.52% interest per annum exceeding the statutory interest rate received between a month and a month; (b) the repayment period was set as one month.
2. Determination
A. The main text of Article 2 subparag. 1 of the Act on Registration of Credit Business and Protection of Finance Users provides that "the term "credit business" means running a business of lending or brokerage of money." Here, "business" refers to continuing to repeat the same act. The issue of whether it constitutes such a business shall 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 and size of the act, duration, mode, etc., regardless of whether the act was simply equipped with necessary human or physical facilities.
(See Supreme Court Decision 2008Do7277 Decided October 23, 2008). B.
With respect to whether the Defendant was “business” or “the evidence submitted by the Prosecutor’s Office,” the police interrogation protocol of the Defendant against the Defendant, among the evidence submitted by the Prosecutor’s Office, cannot be denied and used as evidence. According to the evidence duly admitted and examined by this Court, the Defendant became aware of the victim’s pro-Japanese introduction around 2002, when he was a high school student and became aware of the victim’s pro-Japanese introduction for about 10 years, and was in close relation with the same student for over 205, and the Defendant was operating the NAP since 2005, and