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The judgment of the court of first instance and the judgment of the court of second instance are all reversed.
Defendants are not guilty.
Reasons
1. Summary of the grounds for appeal (misunderstanding of facts or misunderstanding of legal principles and improper sentencing)
A. misunderstanding of facts or misapprehension of legal principles (hereinafter only hereinafter referred to as Defendant A, B, C, D, E) and E (hereinafter referred to as “E”) purchased Aluminum from the issuing company of the letter of credit of this case on condition that Aluminum was purchased in cash, so they do not engage in the lending business ( Defendant A, B, D, E, claim I), and Defendant D merely received a commission in return for the brokerage of Aluminum goods, and do not run a lending brokerage business (hereinafter referred to as Defendant D, claim II). B. Determination of the first and second judgment of the court below on sentencing (3 years of suspended sentence of imprisonment of one year and six months, Defendant B, and C: 2 years of suspended sentence of imprisonment of eight years, Defendant D: fine of 4 million won, Defendant G: fine of 4 million won, Defendant E: fine of 2 million won, and fine of KRW 2 million).
2. Determination:
(a) The relevant legislation is as follows:
【Registration of Loan Business and Protection of Financial Users Act” Article 2 (Definition) of the Act on the Registration of Loan Business and Protection of Financial Users is defined as follows:
1. The term "loan business" means lending money (including lending money by discounting bills, guaranteeing transfer of bills, or by any other means similar thereto;
The term "loan" means a business that engages in loans (hereinafter referred to as "loan") or a business that engages in the collection of claims under a loan agreement (hereinafter referred to as "collection of claims for loans") by acquiring claims from a person falling under any of the following items:
Provided, That cases prescribed by Presidential Decree shall be excluded in consideration of the nature of loans, etc.
(a) A person who has his/her loan business registered under Article 3 (hereinafter referred to as "credit service provider");
(b) Credit financial institutions;
2. The term "loan brokerage business" means engaging in loan brokerage business;
A person (excluding credit financial institutions) who intends to run a side business or a loan brokerage business (hereinafter referred to as "loan business, etc.") for a company under Article 3 (Registration, etc.) (1) shall place the relevant place of business at each place of business.