The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) C entered into a monetary consumption lending contract with no credit service provider D, and the money lent to C is the money withdrawn from the account held in the name of the Defendant and the Defendant, and the Defendant was punished for a crime of lending money by deducting interest from interest without registering the lending business, while C borrowed money from the Defendant at the court of original instance.

In light of the fact that the defendant stated that he was engaged in the lending business without registering the lending business, and that he received interest exceeding 30% per annum by deducting the prior interest and fee from the prior interest and fee.

It is reasonable to view it.

Nevertheless, the court below sentenced the defendant not guilty, and there is an error of law by misunderstanding facts in the judgment of the court below which affected the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case is a person who runs a loan business without registration.

On January 4, 2013, the Defendant lent 15 million won (1.5 million won as a completion of the course, and 13.5 million won as a result of deducting 450,000 won from a line interest) to C on the street in front of the Yeonsu-gu Incheon, Yeonsu-gu, Incheon, and received interest exceeding 32.95% per annum from C until January 3, 2014 (32.95% per annum).

B. The lower court’s determination is reasonable in light of ① the parties indicated in the loan transaction agreement, the loan transaction interest rate, and the mortgage title of the vehicle offered as security by C, etc., and ② even if the parties to the loan agreement are deemed the Defendant, in light of the amount of money withdrawn by the Defendant from his/her account under the name of his/her own and his/her children on the date of the loan agreement, the amount of money received by the Defendant on the date of the loan agreement, and the amount of money received as stipulated in the personal taxi transaction agreement for the establishment of a