The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The misunderstanding of facts and misapprehension of legal principles as to the facts charged is merely the defendant's lending of the name of Law Firm E to I, and since I again lent the name to C and G without the defendant's permission, the defendant's act of dealing with legal affairs such as personal rehabilitation, etc. using the name of C and G law firm E does not constitute a crime of violation of defense law due to the lending of the name of Law Firm E.

B. The lower court recognized that the Defendant was paid KRW 16.2 million (=a total of KRW 6 million per month x 3 months x 3 months) in return for the loan of name from C for three months from February 2015 after the Defendant became aware of the existence of C around December 2014, and thereafter, recognized that the Defendant was paid KRW 1,62 million in total (i.e., KRW 1., KRW 170,00 per case of acceptance x 200,000 per month x 20 x 3 months) in return for the loan of name from C., and additionally collected KRW 16.2 million from the Defendant.

However, the part which received a sum of KRW 6 million per month as a substitute fee is a consideration for using C's office, and since the office size is appropriate in light of the size of office, etc., the above KRW 6 million shall not be additionally collected from the Defendant. ② The sum of value added taxes and fees that the Defendant received from C in connection with the handling of legal affairs in the attached Table 1 of the crime circulation table 1 is not KRW 10,200,000 (170,000 won per case of acceptance x 28,000 won per 3 months). ③ Since the Defendant paid KRW 3,572,690 out of the above KRW 4.76 million as additional value, national pension premium, health insurance premium, etc., the above amount should be deducted from the additional collection charge against the Defendant.

Therefore, even if the defendant is found guilty, only KRW 1,187,310 (=4,760,000 - 3,572,690) should be collected.

2. Determination

A. Before making ex officio decisions on the grounds for appeal by the defendant, the case is examined ex officio, and the prosecutor below the facts charged in the trial at the trial at the court below.