The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of the legal principle) and the facts charged in this case are not related to the criminal facts of the final judgment against the defendant, but to the facts charged in this case, the lower court deemed the effect of the final judgment extends to the facts charged in this case,

2. Determination

A. The summary of the facts charged in the instant case is a person who was in charge of loan brokerage and loan business at the loan brokerage office located in Songpa-gu Seoul Metropolitan Government D with B from around 2011 to May 2013.

A loan broker, a loan solicitor, or a unregistered loan broker shall not receive any consideration received in connection with loan brokerage in whatsoever name, such as a fee, honorarium, or advance payment, from the other party to the transaction in which he/she receives the loan.

Nevertheless, the Defendant conspiredd with B to arrange for a loan to those who wish to borrow a loan and receive a fee from the above people.

Accordingly, on December 7, 2012, the Defendant and B provided loan brokerage in order to borrow money from the former owner G to the F, etc. who wish to obtain a loan from the said office, and the Defendant received KRW 5 million as a fee for KRW 100 million from the said office, and provided a loan brokerage to the said F, etc. at the same place on December 24, 2012, and the Defendant received KRW 5 million in the name of the fee for KRW 100 million from the said place.

As a result, the Defendant received a loan brokerage fee from the other party to the transaction in collusion with B.

B. The lower court determined that the instant facts charged constituted a final and conclusive judgment for the following reasons and sentenced the Defendant to be acquitted pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.

① On April 24, 2014, the Defendant was sentenced to a fine of KRW 1 million due to a violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users at the Seoul Eastern District Court, and the said judgment is in force around that time.