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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The summary of the facts charged is that the Defendant lent KRW 20 million to C on April 27, 2016, on condition that 15% of the principal is paid to C after 15 days, and received KRW 23 million from the above C on May 10, 2016, and received KRW 23 million of the principal and interest from the above C on around May 10, 2016, as in the annexed crime list, up to September 12, 2016, the Defendant loaned KRW 180,000 in total to the above C on 13 occasions under the same conditions as in the annexed crime list, and received a total of KRW 26,950,000,000 per annum, which is the highest interest rate under the contract for monetary lending and borrowing.
2. Determination
A. According to the evidence duly examined and adopted by this Court, the following facts and circumstances are recognized, and 15% of the principal paid by the Defendant and C is recognized in the monetary transaction between the Defendant and C. The fact that C received 15% of the profits from the cash received from the Defendant.
B. However, in a criminal trial, the conviction should be based on evidence with probative value, which leads to the judge’s conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt of guilt against the defendant, the determination should be based on the interests of the defendant (see, e.g., Supreme Court Decisions 2002Do6110, Feb. 11, 2003; 2005Do8675, Mar. 9, 2006). According to the aforementioned evidence, the monetary transaction relationship between the defendant and C may be viewed as an investment agreement. In light of the following circumstances, it is difficult to conclude that the monetary lending contract to which the Interest Limitation Act applies is a contract for the lending of money, and the other evidence submitted by the prosecutor cannot be deemed as a probative evidence to the extent that the facts charged are true.
① There may be room to view the Defendant’s financial transaction relationship as investment.
The Do governor C operates a special contract for the proposal of D, and the beauty practice room is opened in the Jeju Do, or the existing beauty practice room is cosmetic products.