A. misunderstanding the legal principles on additional collection charges, the lower court: (a) deducted only KRW 1,729,921 that the Defendant returned to C out of KRW 7,338,370 from C; and (b) ordered the additional collection of KRW 5,608,449.

However, the sum of KRW 3,50,00 and KRW 1,954,390, such as the clerk's fees, delivery fees, transportation expenses, and issuance expenses of certificates, paid by the defendant in order to handle the case delegated by C, and KRW 5,454,390, which are paid by the defendant, is merely a reimbursement for actual expenses, and it does not take personal benefits, so the collection should be deducted from the collection.

B. The sentence of the lower court (an amount of KRW 5 million, an additional collection of KRW 5 million, KRW 5,608,449) is too unreasonable.

2. Determination

A. Determination of the misapprehension of the legal principles on additional collection charges 1) Article 109 Subparag. 1 of the Act provides that an attorney-at-law shall receive or promise to receive money, valuables, entertainment or other benefits from a person who is not an attorney-at-law, and penal provisions on the act of conducting legal affairs. When the defendant was paid actual expenses related to legal affairs, the defendant received benefits under the aforementioned provision.

Nor can it be viewed (see Supreme Court Decision 2008Do1655, Apr. 11, 2008, etc.). However, the legislative purpose of the above Article is to prohibit a person, other than an attorney-at-law, from engaging in legal affairs for a fee. Thus, considering various circumstances, such as the content of legal affairs, details and scale of expenses, and the process of giving and receiving profits, the defendant obtained economic benefits in return for legal affairs by undermining the reimbursement of actual expenses.

If it can be seen, even if the profit amount takes the form of reimbursement for actual expenses, it should be seen that the act of receiving such profit and performing legal affairs constitutes a crime of violation of the defense law.

At this time, the defendant paid some of the expenses.

Even if the expenses are not excessive to the expenses incurred in committing the crime of violation of the defense justice, all the profits that the defendant receives.