The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor as to the gist of the grounds for appeal, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment, even though the defendant could be found to have lent 13 times a sum of KRW 180 million to C on condition that he shall receive interest equivalent to 15% of the principal after 15 days, and received KRW 365% per annum or 362% per annum from C on condition that he shall receive interest equivalent to 15% of the principal.

2. Determination

A. According to the evidence submitted by the prosecutor, it is recognized that the Defendant paid C totaling KRW 180 million over 13 occasions after receiving 15% of the principal and received money from C during the instant period, and received money in accordance with the above conditions as to part of the paid money from C.

B. However, in light of the following circumstances revealed by the records of this case, the above facts alone are insufficient to recognize that the Defendant borrowed 180 million won in total over 13 times after 15 days to C during the instant period on condition that he was paid interest equivalent to 15% of the principal, and that he was paid 365% per annum or 362% per annum to C, and there is no other evidence to acknowledge it otherwise.

① The Defendant and C do not coincide with the form of monetary transaction under the terms and conditions under which interest equivalent to 15% of the principal is paid after 15 days based on the premise of the facts charged in the instant case.

(2) The Defendant has consistently engaged in the business of supplying and installing beauty art products from investigative agencies to the court of first instance.

C When investing money equivalent to the purchase cost of beauty art products from C, 15% of the profits equivalent to 30% of the investments after the supply and installation of beauty art products purchased.