A. On the part of violation of the Attorney-at-Law Act, the Defendant received KRW 61,30,000,000 from the victim for design of the substitute pentry in order to change the part of the pentry which was permitted one year before the victim. The Defendant was unable to construct the substitute pentry and was calculated by deducting the above cost from the cost of the civil works, and then deducted the above cost in total of KRW 156,000,000 from the cost of the civil works.

Although the Defendant received money from the victim on each basis and did not receive money for solicitation, the lower court acknowledged the receipt of money solely by the victim’s statement lacking probative value.

② As to frauds, it should be proven that the defendant had no intent and ability to obtain permission for clearing when he/she receives money from the victim. However, the evidence submitted in this case alone is insufficient to recognize that the defendant had no intent and ability to obtain permission for clearing when he/she receives money under the pretext of permission for clearing.

Therefore, the lower court, which found the Defendant guilty, erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the grounds that the sentence of unfair sentencing (one year and six months of imprisonment, additional collection of 70 million won) is too unreasonable.

2. Determination

A. 1) Judgment of the court below on the assertion of mistake of facts as to the violation of the Attorney-at-Law Act (A) was based on the evidence duly adopted and investigated by the court below, i.e., facts and circumstances as stated in its decision, i.e., the crime No. 1 and No. 2 of the attached Table 1 of the court below, the victim consistently requested the defendant to consistently demand a viewing public official to pay the amount of money to be paid to the viewing public official in relation to the permission for new construction of J pension, and paid the amount of KRW 10 million on April 15, 2013, and KRW 5 million on September 4, 2013. It is difficult to pay the money to the head of the Tong.