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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. The Defendant asserts that the lower judgment erred by misapprehending the legal doctrine or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
1) The Defendant merely lent money to F due to a friendly relationship with F, but did not have engaged in credit business, the lower court determined that the Defendant engaged in “credit business” under the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”) without registering with the competent authority. (2) Although the Defendant’s sending text messages to F several times is merely an act of demanding payment generally acceptable demand, the lower court determined that the Defendant’s act constitutes “the act of seriously impairing private life or peace by repeatedly or at night by repeatedly communicating words, letters, sound, images, or things without any justifiable reason by reaching the debtor or the interested parties,” as prescribed in Article 9 subparag. 3 of the Fair Debt Collection Practices Act (hereinafter “Collection Practices Act”).
B. The Defendant asserts that the lower court’s imprisonment (two years of suspended execution, two years of probation, and two hundred hours of social service in October) is too unreasonable.
2. Determination
A. Part 1 of the facts charged against this part of the Credit Business Act (hereinafter referred to as the “Credit Business Act”) shall be registered with the competent authority having jurisdiction over the pertinent place of business. Nevertheless, around May 22, 2008, the Defendant loaned 25 million won to F, which was run by F, Seongdong-gu, Sungwon-si, Sungwon-si, and provided that F, who deducted 1250,000 won from the preferred interest, shall be paid interest each month. In addition, the Defendant extended 17,50,000 won from around that time until March 31, 2012, and extended F from June 23, 2008 to January 14, 2013.