A. misunderstanding of facts and misunderstanding of legal principles and D Co., Ltd. (hereinafter “D”) concluded a contract with the Defendant to reflect D’s products when the Defendant performed the work of preparing a design plan, which is the Defendant’s office work, and as a result, D, under the condition that D would pay performance fees to the Defendant only when sales have occurred. The Defendant cannot be deemed to have received money under the pretext of soliciting or arranging a case or affairs handled by a public official. The Defendant entered into an agency transaction agreement with D and received money under the pretext of commission. Accordingly, the Defendant did not constitute a crime of violating the Attorney-at-Law Act.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, three years of suspended execution, 120 hours of community service order, additional collection of KRW 116,257,890) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. Article 111(1) of the Attorney-at-law Act of Korea aims to eradicate acts of giving and receiving money and goods under the pretext of solicitation for cases or affairs handled by public officials by using a friendly relationship with public officials to ensure the fairness and integrity of public services and the reliability of the society.

( Constitutional Court en banc Order 2011Hun-Ba40 Decided April 24, 2012). Even in cases where a person mediating a case or affairs handled by a public official acts as the grounds for friendship, connection, and influence over the public official, etc. on the public official, or where the person mediating a case or affairs concludes a sales entrustment contract or brokerage agency contract with the client and has a appearance of a brokerage agent who received the commission therefrom, if the substance of such contract solicits and receives money and valuables in return for such solicitation by using friendship, connection, connection, etc. with the public official, the crime of arranging a specific crime under Article 3 of the Act on the Aggravated Punishment, etc. of Specific Crimes or Article 111(1) of