The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) around December 28, 201, the Defendant lent KRW 23 million to D; (b) received KRW 22850,000 from March 19, 201 to repay the principal amount; and (c) was appropriated to repay the principal amount after receiving KRW 2285,00,000 from D; and (d) the Defendant is not guilty,

2. Determination on the grounds of appeal

(a) No summary of the facts charged shall receive interest exceeding 30% per annum of the maximum interest rate under contract for lending and borrowing of money.

On December 28, 2011, the Defendant lent KRW 21 million to D on the condition that D would pay interest in KRW 2 million each month at H office in Kimpo-si, Kimpo-si.

On February 15, 2012, the Defendant received interest KRW 100,000 as interest, and on March 19, 2012, the Defendant disposed of the E E E E E E E E E E E-cub car kept as security and appropriated KRW 8,50,000 out of KRW 2,1850,000 as interest.

Accordingly, the Defendant received 38.76% interest per annum exceeding 30% per annum.

B. According to the legal statement of the witness D of the lower court, the certificate of deposits without passbook, the statement of passbook transactions, and the investigation report (the report on the calculation of the interest rate received by the suspect), the fact that the Defendant borrowed KRW 21 million to D as stated in the above facts charged, and received the total amount of KRW 22850,000,000, and appropriated it to repay the principal and interest of the loan, thereby incurring interest exceeding 30% per annum.

The Defendant asserted that he remitted the above KRW 21 million to D to the bank account on or around December 28, 2011, and that he paid additional KRW 23 million in cash. However, according to the above evidence, the Defendant only paid only KRW 21 million to D. Thus, the Defendant’s assertion of mistake of facts is without merit.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

However, according to Article 25 of the Rules on Criminal Procedure, the “C” of the second page 2 of the judgment of the court below shall be deemed as “H”, and the “1. witness D and F” of the second page 10.