The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

50,000 won shall be additionally collected from the defendant.

1. Reasons for appeal;

A. In fact, the Defendant was issued KRW 500,00 from D on October 19, 2015 under the pretext of handling legal cases. Around November 2015, the Defendant received KRW 50,000 from D on the pretext of service fees, and there is no fact that the Defendant received KRW 50,000 from D on October 19, 2015, under the pretext of handling legal cases, as shown in the facts charged.

B. The punishment of the lower court (2.5 million won in penalty, additional collection of 2 million won in penalty) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On April 13, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Protection of Defense at the Seoul Northern District Court, and the judgment became final and conclusive on January 25, 2018.

No person, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, handle or arrange such acts with respect to legal cases, such as solicitation, legal counseling or preparation of legal documents, in connection with legal cases, etc.

The defendant is the representative director of the Construction Implementation Company B, and at the above B office in Songpa-gu Seoul and 202 around October 19, 2015, the above B office in Songpa-gu Seoul and 202, and found the appeal procedure after being ruled against the loan claim lawsuit, and found the appeal procedure in the loan claim lawsuit. "It is possible to find out the case of appeal for the loan claim of the party loan in cash in cash in the Suwon District Court, Suwon-gu, Suwon District Court, and handle it within four months.

“In the end, 1.5 million won from the above D on the same day, and 5 million won for each payment received respectively on the following day, and 2.0 million won in total, were prepared, and submitted to the Suwon District Court, the reasons for appeal, reply, etc.

Accordingly, the defendant, not a lawyer, handled legal affairs such as legal counseling or preparation of legal documents in relation to the claim for loans that D became the defendant.

B. Since the investigation agency, the Defendant consistently denied part of the facts charged, citing the grounds for appeal, as well as the grounds for appeal.

The court below made a statement, etc. to investigation agencies D.