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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Since there was no intention to commit fraud or misapprehension of legal principles, the Defendant attempted to reach an agreement with the victims of the fraud case (hereinafter “Fraud victims”) with the money received from the victim, and made efforts to appoint a defense counsel, etc. As such, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous or by misapprehending the legal principles, which affected the conclusion of the judgment.
B. The lower court’s sentence of unfair sentencing (ten months of imprisonment and two years of suspended sentence) against the Defendant is too unreasonable.
2. Judgment on misconception of facts or misapprehension of legal principles
A. On August 2016, the Defendant, in the Seongdong-gu District Prosecutors' Office located in the Seocho-gu Seoul Metropolitan Government, 200-gil 31, as of 20-lane 31, 2016, stated that “The Defendant would make it difficult to conclude the case by appointing an attorney-at-law and requesting the head of the Seoul Northern District Prosecutors' Office to reach an agreement or deposit with the victims of the instant punishment by adding additional KRW 30,000 to KRW 50,000,000,000, who is assigned to D attorney-at-law to go on the face of the week.” The Defendant was serving as the prosecutor of the department of the Seoul Northern District Prosecutors' Office and served as the special prosecutor of the Seoul Central Prosecutors' Office. In addition, the Defendant made a false statement that he/she would make it difficult for the Defendant to complete the case by requesting the pro-friendly
However, the fact is that the defendant received money from the victim and used it for living expenses, and he thought that he will use it at the attorney's expense appointed by the defendant, so even if he received the money from the victim, he did not have the intention or ability to use the money in relation to the case.
As above, the Defendant deceivings the victim, and thereby deceiving the victim, KRW 15 million from the victim on August 22, 2016, and KRW 20 million around September 19, 2015, and KRW 10 million around September 20, 2016.