All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Inasmuch as the Defendants, who violated the law, received 12 million won from L, received the instant money as financial consulting services based on a business financing service agreement concluded with L, the Defendants cannot be deemed to be “mediation commission” in relation to loan brokerage as prescribed by the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”).

In addition, Articles 19(2)6 and 11-2(2) of the former Credit Business Act (amended by Act No. 11544, Dec. 11, 2012; hereinafter the same) cannot be deemed to apply to a case where a loan is entrusted by a private person and is mediated by a private person.

Nevertheless, the court below found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts or erroneous interpretation of law, which affected the conclusion of the judgment.

B. The lower court’s respective sentence imposed on the Defendants is too unreasonable.

2. Determination

A. First of all, the defendants' assertion of mistake of facts or violation of law stated that the amount of this case was given to N, the defendants introduced N to lend KRW 120 million to L, and the amount of this case was given to N in return for the introduction (other than this, N was paid KRW 7.2 million as interest). The financial consulting act of this case alleged by the defendants is identical to the act of loan brokerage and substantial contents thereof, and Article 11-2 (2) of the Credit Business Act provides that "the loan broker shall not receive the payment of brokerage commission (hereinafter referred to as "mediation commission") from the party who borrows the loan." However, as amended by Act No. 11544 on December 11, 2012, "the loan broker and the loan broker, etc. (hereinafter referred to as "loan broker, etc.") and the unregistered loan broker, etc. are named, such as commission, honorarium, advance payment, etc.