A. Regarding mitigation of self-denunciation 1, on April 30, 2015, the Defendant made a full statement to the Daejeon District Police Agency on the facts of damage to an investigative agency on the charge of violating the Punishment of Violences, etc. Act (joint confinement). Since the above statement includes the Defendant’s fraudulent act, it shall be deemed that the Defendant voluntarily surrenders to each of the fraudulent acts as indicated in the judgment below. 2) As to the offense of violation of the Attorney-at-Law Act related to K, the Defendant and K entered into a service contract with the right of retention as a service for the main purpose, and the preparation, preparation, submission, etc. of a complaint, preparation, and submission, etc. are merely an incidental act to the above contract. However, the Defendant spent KRW 20 million received from K to purchase goods to exercise the right of retention, service costs, and service costs for compulsory administration in accordance with the above service contract.

Therefore, since the defendant cannot be deemed to have actually earned the above KRW 20 million, the above KRW 20 million cannot be collected from the defendant.

B. The sentence imposed by the court below on the defendant (the provisional sentence No. 2 of the original decision: imprisonment for 2 months, 1 and 2: imprisonment for 1 year) is too unreasonable.

2. Determination

A. The phrase “self-denunciation” under Article 52(1) of the Criminal Act regarding the assertion of the misapprehension of the legal doctrine as to the assertion of the reduction of the number of self-denunciation is established when an offender voluntarily reports the criminal facts to an investigative agency and voluntarily expresses his/her intent to file a lawsuit. This includes the case where an investigation agency voluntarily appears and voluntarily confessions the criminal facts after the occurrence of the crime. As long as the number of self-denunciation is established, the effect of the number of self-denunciation becomes final and conclusive, and the validity of the number of persons generated by denying

However, even if a report by an investigative agency is voluntarily filed, it shall be reported.