All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below is erroneous in the misunderstanding of facts or misunderstanding of legal principles in the absence of the fact that the victim has lent money to a third party through the defendant for the purpose of receiving interest and the defendant has not obtained money by deceiving the victim.

B. The prosecutor (e.g., a fine of KRW 10,00,000) of the lower court is deemed to be too unhued and unfair.

2. Determination

A. Determination of misunderstanding of facts or misunderstanding of legal principles can only be made by taking into account the objective circumstances such as the Defendant’s financial history, environment, details of the crime, and the process of transaction before and after the crime unless the Defendant makes a confession (see, e.g., Supreme Court Decision 95Do424, Apr. 25, 1995). If, in borrowing money from another person, the other party would have failed to respond to the true notice of the purpose of the borrowed money or the method of raising funds to be repaid if the other party would have been notified of the fact that it would go against the truth, the crime of fraud is established (see, e.g., Supreme Court Decision 2003Do5382, Sept. 15, 2005).