The prosecutor's appeal is dismissed.

1. The evidence submitted in summary of the grounds for appeal, in particular, according to the victim's consistent statement at the police and the prosecutor's office, the fact that the victim received interest on the loan of KRW 3 million as interest on the loan of KRW 3 million and received interest on the loan of money exceeding the maximum interest rate under the contract for lending and borrowing of money, but the court below acquitted the defendant of the facts charged in this case. Thus, the court below erred in the misapprehension of facts

2. Determination

A. As to contractual interest on a loan of money based on the summary of the facts charged in the instant case, the maximum interest rate shall not exceed 25 percent per annum.

The Defendant, on May 4, 2015, lent KRW 3,000,000 when concluding a loan contract with the victim C within a passenger car operated by the Defendant in front of the Ggallon department store in Suwon-si, Suwon-si. The Defendant lent KRW 3,00,000.

6.1. Interest received KRW 300,000 (per annum: 130.4%) as interest;

Accordingly, the Defendant received interest exceeding the maximum interest rate under the contract on monetary lending and lending.

B. In full view of the circumstances in the lower judgment, the lower court found that it is difficult to believe that C’s statement in this court and in the investigative agency on June 1, 2015 with respect to the interest on KRW 3 million borrowed from the Defendant was remitted to KRW 300,000,00,000, and that the Defendant lent additional money to C under the pretext of power failure, etc. taken place at the house other than KRW 3 million, and that C deposited KRW 300,000 to the Defendant on June 1, 2015, which was prior to the date of payment of interest on the loan certificate, was insufficient to recognize that the said KRW 3 million was interest on KRW 300,000,000,000,000,000,000,000,000,000,000,000

C. A thorough examination of the evidence of this case, in light of the records, the court below, on the basis of the above determination of evidence, acquitted the facts charged of this case.