이자제한법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal 1) According to the evidence submitted by the Prosecutor, the Defendant is fully aware of the fact that the Defendant received 6% interest of 100 million won per month from March 2015 to June 2015.
2) The lower court’s unfair sentencing (the suspended sentence, suspended sentence: a fine of KRW 5 million) is too unhued and unreasonable.
2. (1) According to the evidence duly admitted and examined by the lower court, the lower court’s determination on the assertion of factual misunderstanding (1) reveals that the Defendant was paid KRW 50 million out of the loan amount of KRW 100 million to F on February 2, 2015. As such, the evidence submitted by the prosecutor alone was paid 6% interest on the said KRW 50 million from March 2015 to June 2015.
It is insufficient to recognize it, and there is no other evidence to recognize it.
(2) In light of the following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court and the first instance court, the lower court’s aforementioned determination is justifiable.
F made a monthly payment of KRW 600,000,000 to the Defendant from an investigative agency to February 2015, as of KRW 600,000,000,000 per month from February 2, 2015, while the payment of KRW 55,00,000,000,000 to KRW 45,5,000,000,000 to the Defendant was made on behalf of the Defendant at 6% per month from the date of repayment on February 2015.
Statemented (Evidence Nos. 46, 62, trial records No. 77, 78, 86) and each entry of Account Transactions (Evidence No. 61) and D Income Statement (Evidence No. 63 pages) conforms to F’s statement.
Therefore, the prosecutor's assertion on this part is not accepted.
2) The lower court suspended the sentence of a fine of KRW 5 million in consideration of the unfavorable circumstances and favorable circumstances to the Defendant.
In the trial, the conditions of sentencing are.