A. The Defendant, as stated in D and the facts constituting a crime in the judgment of the court below, agreed to lend KRW 1.5 million and receive KRW 1.8 million for a total of KRW 30 million every 60 days on a daily basis, but in fact there is no fact that the Defendant received interest exceeding the interest rate under the Act on Registration of Credit Business, etc. and Protection of Finance Users, etc., since it was not repaid as agreed as above by D.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the assertion of mistake of facts, the Defendant’s assertion of mistake of facts is rejected since D has been recognized as having passed through E from October 27, 2013 to at least 30,000 won as it was agreed upon with the Defendant at least several times from October 27, 2013, under the pretext of repayment of the principal and interest of the loan as of October 26,

1) D, as stated in the facts constituting an offense in the judgment below, lent KRW 1.5 million to the Defendant and repaid KRW 30,000 during the period exceeding 20 days from the following day to the investigation agency, it stated specifically that it first paid KRW 30,000 to the Defendant through E, and KRW 50,000 thereafter, KRW 6,000,000,000. From the following day, D made a statement to the effect that it directly paid the principal and interest of the above loan, as agreed in the facts constituting an offense in the judgment of the court below, after borrowing the above amount from the Defendant from the date following the date of borrowing it from the Defendant, E in a consistent statement to the effect that it repaid the above loan as stated in the facts constituting an offense in the judgment of the court below. 2) E, after completing the day of the investigation agency every day and making the above loan to E with the number of days of the above loan, and upon having requested the Defendant to pay the above KRW 30,000,00.