The defendant shall be innocent.

1. No person who engages in loan brokerage business as to the substance of the facts charged in the instant case shall receive a loan of brokerage commission, which is the consideration for brokerage, from the trading partner;

Nevertheless, on September 12, 2012, the Defendant, in collusion with a name-free person, shall allow B to borrow a loan of KRW 4 million at the center of training the National Bank in Yeonsu-gu Incheon on September 12, 2012, and shall continue to do so.

9. 24. The Gangnam-gu Seoul National Bank's academic Dong branch provides loans of KRW 20 million in total to the above B at the school Dong of the National Bank in Gangnam-gu, Seoul, and in return, received a transfer of KRW 5.83 million to C's account.

Accordingly, the defendant received a loan from the other party to the transaction in collusion with the name-free party for a brokerage commission.

2. According to Articles 19(2)6 and 11-2(2) of the former Act on Registration of Credit Business, etc. and Protection of Finance Users (amended by Act No. 11544, Dec. 11, 2012; Act No. 11544), no loan broker shall receive a brokerage commission, which is the consideration for brokerage, from the opposite contractual party who borrows the brokerage commission, and shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding 30 million won. According to Article 2(3) of the same Act, "loan broker" means a person who has registered a loan brokerage business pursuant to Article 3 of the same Act.

Therefore, even though the defendant registered loan brokerage business in accordance with the above law, he/she can be punished in accordance with the above provision.

However, the evidence submitted by the prosecutor alone is insufficient to recognize the fact that the defendant registered a loan brokerage business in accordance with the above law, and there is no other evidence to acknowledge it.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of facts constituting the crime, and thus, under the latter part of Article 325 of the Criminal Procedure Act.