변호사법위반
The judgment of the court below is reversed.
Defendant
A Imprisonment of 10 months, Defendant B shall be punished by a fine of 7,000,000 won.
Defendant .
1. The summary of the reasons for appeal is that the respective punishment of the court below (the imprisonment of one year, the additional collection of 23 million won, the imprisonment of six months, the suspended execution of two years, and the additional collection of seven million won) is too unreasonable; and
2. Determination
A. In light of the following circumstances: (a) Defendant A’s judgment as to the assertion of Defendant A included two times in the same criminal records; (b) the fact that the amount of profit the Defendant A earned by committing the instant crime is not certain; (c) Defendant A was recognized to have made a mistake in this court; (d) Defendant A returned the amount of profit to L; (e) Defendant A returned KRW 24.5 million from L to L; and (e) used for L as expenses for appointment of an attorney-at-law in connection with the administrative litigation between the Foundation with which L is the chief director and the National Health Insurance Corporation; and (e) other various sentencing conditions as shown in the instant argument, such as the background of the instant crime; (e) circumstances after the crime; (g) Defendant A’s age, character and conduct; and (g) the court below’s punishment is deemed unfair, and thus, Defendant A’s assertion
B. The judgment on the defendant B's assertion is unfavorable to the situation where the public official committed the crime of this case against L who is engaged in the field related to his duties and the nature of the crime is not good. However, the defendant B acknowledged his mistake at this court, the defendant B did not have the same criminal record and did not have any criminal record for more than 15 years, and the defendant B has no criminal record for more than 15 years. The degree of his participation is minor, such as introducing the defendant A to L and delivering the money received from L to the defendant A, the profits acquired by the defendant B are much less than 7 million won, and the defendant Eul returned the whole amount of the actual profit of the defendant to L through the defendant A (30 million won in total - 5 million won in total - 55 million won in attorney appointment).