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The prosecutor's appeal is dismissed.
Reasons
1. According to the statement, etc. of the gist of the grounds for appeal (definites) D (definites), it is recognized that the Defendant received interest exceeding 25% per annum, which is the maximum interest rate under the contract for lending and borrowing of money.
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged in this case is erroneous.
2. Determination
A. The lower court found the Defendant not guilty of the facts charged of this case for the following reasons.
The Defendant asserts that from September 2016 to October 2017, the Defendant lent the sum of KRW 27.230,000 to D, and that only he received only KRW 18.999,00 from D and did not receive any interest.
There are legal statements of D and investigative agencies, partial recording files submitted by D, and partial text messages sent by D to the defendant as evidence that seems to correspond to the facts charged.
However, in light of the following circumstances acknowledged by the evidence examined, the defendant's assertion that only the evidence submitted by the prosecutor was rejected, and the facts charged were proven to the extent that there is no reasonable doubt, and there is no other evidence to acknowledge it.
(1) There is no objective evidence to prove that an agreement on interest, such as a certificate of loan, has been made, except the statement D.
Rather, between the defendant and D on September 5, 2017, no agreement is made on the authentic deed of each monetary loan contract of KRW 5 million and KRW 3 million, and only 25% damages for delay per annum is specified.
② There is also a considerable number of account transfer statements that are not immediately inconsistent with the amount of interest stated by D, and it is doubtful that the interest rate is different according to the borrowed amount even if it is the close time.
D = 1 million won on May 18, 2017;
5.26.15 million won;
6. 20,100,000 won after one month of the due date, and interest was set from 30,000 to 500,000 won and repaid the interest at the due date. In the case where the amount of money is to be lent from 300,000 won to 30,000 won, at the place where the money should be lent to 200,00