All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) In lending KRW 30 million to G, the Defendant did not enter into a loan agreement with the interest rate exceeding the highest interest rate under the G and Interest Limitation Act, or did not receive any interest exceeding the highest interest rate from G, and there was no intention to commit such crime.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

2) The sentence of the lower court (an amount of KRW 5 million) that is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court determined that, in full view of various circumstances acknowledged by the evidence duly adopted and investigated by the lower court in the part of Articles 3 and 4 of the sentence of the lower judgment, the Defendant agreed to receive interest exceeding the highest interest rate under the Interest Limitation Act and the fact that the Defendant received the interest, can be fully recognized.

The court rejected the argument and found the defendant guilty of the facts charged in this case.

In light of the evidence duly adopted and examined by the court below, the above judgment of the court below is just, and there was no reason to acknowledge that maintaining the first instance court's decision at the court below was remarkably unfair. Thus, the court below erred by misapprehending the facts as alleged by the defendant.

subsection (b) of this section.

Therefore, the defendant's assertion of facts is without merit.

B. As to the wrongful determination of the sentencing of the Defendant and the Prosecutor, the Defendant only received the interest that was paid by G in excess of the maximum interest rate under the Interest Limitation Act after the loan was appropriated for the principal of the loan after the fact, and that the Defendant only received the interest calculated by the highest interest rate under the Interest Limitation Act.