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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles 1) As to the criminal facts of the judgment of the court below, 4 million won which the defendant returned in relation to paragraph (1) of the criminal facts in the judgment of the court below was used for all expenses required in connection with the lawsuit, and it was not used only for the attorney's fee. The defendant did not have any criminal intent of deception or deception as long as he used transportation expenses, food expenses, and appeal expenses, etc. in the course of the lawsuit which found the above 4 million won as the ground in the above 4 million won in the court below.
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.
2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts and misapprehension of legal principles, the lower court may fully recognize the fact that the Defendant, even if receiving part of the fees for the first instance court, was scheduled to be used individually even if he was to return the fees for the case, by deceiving the victim, who did not have the intention or ability to use them as litigation costs, received part of the fees paid from the attorney D by deceiving the victim (the amount of KRW 4 million as stated in paragraph (1) of the original judgment) or requested the F to request the payment of part of the fees refunded from the attorney D due to the withdrawal of the lawsuit (the amount of KRW 3.5 million as stated in
The judgment of the court below on this part is just, and the defendant's assertion is without merit.
(1) On March 23, 2016, the Defendant: (a) had the victim pay for the appointment of a lawyer on March 23, 2016; and (b) transferred the amount of KRW 10 million to D attorneys; and (c) was already paid by D attorneys on the date of transfer.