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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (in fact-finding and unfair sentencing) is that the Defendant has arranged a loan to F, but does not have received a fee, the lower court found the Defendant guilty of the facts charged of this case, which erred by misapprehending the facts.
The punishment (the fine of 4.5 million won) sentenced by the court below against the defendant is too unreasonable.
2. Determination
A. Comprehensively taking account of the evidence duly adopted and examined by the lower court and the trial court as to the assertion of mistake of facts, the Defendant: (a) concluded a loan agreement with D, E, and E to lend KRW 400 million to F; (b) the Defendant paid only KRW 337,200,000,000,000, which was deducted as the preferred interest among KRW 400,000,000,000 as the intermediary fee; (c) the Defendant paid KRW 24,000,000 to D and E; and (d) the Defendant received KRW 32,00,000,000,000 as the intermediary fee; and (c) according to the above recognition of facts, it is sufficiently recognized that the Defendant received the intermediary fee from the other party to the loan in return for the intermediary fee. Therefore, the Defendant’s assertion of mistake of facts is without merit.
B. Although there are favorable circumstances for the defendant to the judgment on the assertion of unfair sentencing, such as the fact that the defendant has no record of punishment for the same crime, the brokerage commission due to the crime of this case has been refunded and the damage has been recovered, such circumstance seems to have already been fully considered in the sentencing of the court below that reduced the claim amount of the summary order, there is no special circumstance or change of circumstances that may be considered newly after the decision of the court below, and the crime of this case is deemed to have received brokerage commission from the loan broker as the loan broker, and the case is not easy in light of the Criminal Procedure Act and the amount of brokerage commission, etc.