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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant prepared documents related to a lawsuit for mistake of facts and misapprehension of legal principles for B, etc., 2,398,500 of the amount received from him shall not be paid as compensation for legal affairs, since he did not receive money and valuables in return for the payment of the amount of stamp fees and service fees. Thus, even if the part is not recognized in whole, 648,500 won proved by litigation costs shall be excluded from criminal facts and amount of additional collection.
B. The lower court’s sentence of unreasonable sentencing (the amount of KRW 3 million and the amount of KRW 3,230,000,000) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts and misapprehension of legal principles, the Defendant received or remitted a total of KRW 3.23 million from September 9, 2013 to October 20 of the same year upon receipt of the request to file a civil lawsuit by seven persons, such as B, from September 9, 2013, and the Defendant received or remitted a total of KRW 3.233
9. 10. Seoul Southern District Court found that the plaintiff filed a lawsuit claiming restitution of unjust enrichment, etc. with seven persons including B, etc. to the Seoul Southern District Court. Thus, the facts charged of this case can be found guilty.
Then, Article 109(1) of the Attorney-at-law Act provides for penal provisions on the act of providing legal services in return for receiving or promising to receive money, valuables, entertainment, or other benefits by a person other than an attorney-at-law. However, when the actual expenses related to legal services have been paid, the above provision cannot be deemed to have received benefits. However, the above provision aims to prohibit a person other than an attorney-at-law from providing legal services at a cost. Thus, in full view of various circumstances such as details of legal services, details and scale of expenses, and the process of giving and receiving benefits, economic benefits in return for providing legal services.