The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant’s act of misunderstanding the facts and misapprehension of the legal doctrine is both an investment act and the Defendant’s money is merely an investment profit or dividend, and does not constitute interest under the law that limits interest.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence of the lower court that is unfair in sentencing (7 million won) is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the records of this case, on October 5, 2016, the defendant was sentenced to a two-year suspended sentence to six months of imprisonment due to fraud, etc. on October 13, 2016, and the judgment became final and conclusive on October 13, 2016. The above crime and the above crime of fraud, etc., for which the judgment of the court below against the defendant became final and conclusive, shall be sentenced to punishment for each crime under the judgment of the court below in consideration of equity with the case where all of these crimes are adjudicated at the same time in accordance with the first sentence of Article 39(1) of the Criminal Act, and in this respect, the judgment of the court below cannot be maintained.

However, notwithstanding the above reasons for reversal ex officio, the defendant's assertion of mistake and misunderstanding of legal principles is still subject to the judgment of this court, and this is examined below.

B. Determination of misunderstanding of the facts and misapprehension of the legal principles 1) The summary of the instant facts charged does not receive interest exceeding 25% per annum, which is the highest interest rate under the contract for monetary lending and lending.

Nevertheless, the Defendant loaned KRW 400,000,00 to C around March 4, 2015, and received interest of KRW 20,000,00 per annum exceeding the highest interest rate of KRW 60% per annum, and from that point to December 4, 2015, the Defendant loaned KRW 1,215,00,000 in total five times during the period from that point to December 4, 2015 as shown in the separate sheet, and extended the interest exceeding the highest interest rate.