The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

Defendant.

1. The summary of the grounds for appeal is too unreasonable that the sentence of the court below against the defendant (two years of suspended sentence for six months of imprisonment, three million won of fine, and 6.8 million won of the surcharge) is too unreasonable.

2. The lower court, under the circumstances that the crime of violation of the Attorney-at-Law Act and the circumstances are not good, and that the Defendant had been punished on two occasions due to the crime of fraud or the violation of the Attorney-at-Law Act, and the Defendant had already been punished on two occasions, and that there are other cases in progress due to the crime of fraud, the amount of damage caused by the crime of fraud is relatively large, the Defendant deposited more than seven million won, and the Defendant deposited more than the amount of damage, taking into account the favorable circumstances, that there was no criminal conviction of qualification suspension or more.

Considering the circumstances as stated by the court below, there is much room for the defendant to be responsible for the punishment corresponding to the nature of the crime.

However, each of the crimes in this case appears to be led by the accomplice B, and the degree of participation is minor compared to the defendant, and the defendant's criminal conviction for the violation of the Attorney-at-Law of the same kind occurs after the crime in this case. The date and time of the crime in this case is also after the occurrence of the crime in this case

See Article 405 of the evidence record, it is necessary to consider the circumstances that the defendant immediately took efforts to recover damage, such as remitting the amount of KRW 5 million to B with the intent to return money to the defective victim that the victim would file a complaint, as favorable to the defendant.

Therefore, considering the above overall circumstances and the sentencing conditions shown in the instant records and arguments, the lower court’s punishment against the Defendant is deemed to be too unreasonable.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable.