The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below (two years of suspended execution in the period of eight months of imprisonment, community service) is too unhued.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

Article 116 of the Attorney-at-Law Act provides that "When a defendant commits an offense falling under any of the above Articles, Article 34 or 109 subparagraph 1 of Article 109, Article 110, Article 111 or Article 114 of the Attorney-at-Law Act shall be confiscated, any money, valuables or other benefits which the person or a third party who knows such fact receives shall be confiscated." Thus, in case where the defendant commits an offense falling under the above Articles, the amount equivalent to the value thereof shall be collected additionally."

However, the court below found the defendant guilty by applying Article 111(1) of the Attorney-at-Law Act to the crime that the defendant received KRW 3,00,000 from C on October 11, 201 on the pretext of solicitation for the case dealt with by police officers, but did not confiscate or collect the above money that the defendant received from C. The court below erred by misapprehending the legal principles on necessary confiscation and collection under the Attorney-at-Law Act, which affected the conclusion of the judgment.

In this respect, the judgment of the court below can no longer be maintained.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 111(1) of the Attorney-at-Law Act (the point of receiving money under the pretext of trust, the choice of imprisonment), and Article 355 of the Criminal Act concerning criminal facts.