Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

A. The Defendant alleged a mistake of facts does not have deceiving the victim that “I will win the victim in a civil lawsuit, but would have a public position of H if I would be known,” but the lower court found the Defendant guilty of the facts charged of this case, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence (one million won of fine) on the ground of unreasonable sentencing is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the court below, such as witness E, L, and M’s testimony, before the crime of this case was committed, the defendant received 35 million won from the J as well as H official title prior to the crime of this case, and filed a lawsuit against He of the F Religious Organization H on the ground that he would implement the procedure for cancellation of ownership transfer registration as to H building on the ground of the F Religious Organization H’s representative, but on June 1, 2007, the court below rendered a judgment of retiring on the ground that “the court cannot be recognized as the representative of F Religious Organization H, which constitutes an action instituted by a non-representative of power of representation, this is unlawful.” Nevertheless, according to the court below’s determination that the defendant is not the chief secretary of the FF Order, M, etc. at the time, and that he would immediately win the victim by acting in the litigation related to H property exchange-related affairs, and that he could be found to have been aware of the fact that he would be issued by the victim and that he could be issued the above 80th of the above judgment.

(b).