Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

A. The fact-finding defendant did not receive interest as a repayment for the principal of the loan, as stated in the facts charged that he received from the victim.

Nevertheless, the judgment of the court below that found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (hereinafter referred to as a fine of four million won) is too unreasonable.

2. Determination

A. The key issue of this case’s assertion of mistake of facts is whether the Defendant intended to receive interest exceeding the interest rate of 25% per annum at the time of lending money to B, and whether the Defendant received 86 million won as interest at the time of receiving payment indicated in the facts charged.

The following circumstances acknowledged by the evidence duly adopted and examined by the lower court and the first instance court. ① The Defendant lent KRW 100 million to B on October 8, 2014, and KRW 100 million on November 10, 2014. At the time, the Defendant and B agreed to pay KRW 500,000 per month interest on the above loan to the Defendant. ② The Defendant received KRW 86 million from B from November 8, 2014 to September 11, 2015, and thereafter, on October 8, 2015, the Defendant and the first instance court drafted a notarial deed with KRW 230,000,000,000,000 per annum 250,000,000,000,000 won per annum, and the Defendant filed a complaint against B with the Defendant on KRW 300,000,000,000,000,00,000.