The defendant shall be innocent.

1. Although a person who actually engages in credit business without registering the credit business in the facts charged of this case does not exceed 30% per annum, which is the interest rate prescribed by the Presidential Decree, in the event that the person who actually engages in credit business loans to an individual, the defendant, while running a credit business by lending money to the several parties, including C, etc., and receiving interest, was in fact the defendant lent KRW 220,000 to the victim D at a non-permanent place on April 7, 2010 and agreed to obtain KRW 6,600,000 as interest name each month and to repay the principal in lump sum. Around May 6, 2010, the principal was lent to the same victim at the same place as interest name, and the principal was paid KRW 6,000,000 as 6,000 each month and the principal was paid in lump sum.

From around that time to November 2010, the Defendant received approximately KRW 51,500,00 in total from 8 months to 94,50,000, and violated the restriction on the interest rate.

2. The main sentence of Article 2 subparagraph 1 of the Act on Registration of Credit Business, etc. and Protection of Finance Users provides that "credit business" means lending money (including lending money by bill discount, transfer of security, or any other means similar thereto; hereinafter "loan"). Here, "business" means continuing to repeat the same act. The issue of whether a loan constitutes such a business shall be determined in accordance with social norms, by comprehensively taking into account various circumstances, such as whether a loan of money has been repeated or continued, whether a loan has been operated, the purpose or scale of the act, the number of times, the period, and the manner of the act, regardless of whether a loan of money was simply equipped with necessary human or physical facilities.

(see Supreme Court Decision 2009Do12647, Apr. 29, 2010). In light of the foregoing legal doctrine, it is insufficient to recognize that the Defendant was engaged in a business of lending money as evidence submitted by the prosecutor, and there is evidence to acknowledge otherwise.