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All the judgment below is reversed.
Defendants shall be punished by imprisonment for one year and four months.
Defendant
A KRW 27.4 million.
Reasons
Summary of Grounds for Appeal
(F) The sentence of the original court (one year and six months of imprisonment) is too unreasonable.
Judgment
The crime of this case is an unfavorable circumstance in which the defendants received a considerable amount of money from many clients for a long time in return for providing legal counseling and providing related legal services without being qualified as an attorney-at-law, and acquired money by deceiving the victim F by deceiving it, and there is a record of punishment for fraud against the defendants.
However, there are extenuating circumstances, such as the Defendants’ violation of the Defendants and the depth of their mistakes, the fact that the Defendants agreed with the victim F and the Defendant’s family members in the past, and the Defendants’ family members want to take the Defendant’s wife. In addition, in full view of all the sentencing conditions, including the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence of the lower court is too unreasonable.
As the defendants' appeal is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the evidence and facts charged against the Defendants and the summary of the evidence recognized by this court are as stated in each corresponding column of the judgment below.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Article 109 subparagraph 1 of the Attorney-at-Law Act, Article 30 (Violation of the Attorney-at-Law Act, Selection of Imprisonment), Articles 347 (1) and 30 (Joint Fraud, Selection of Imprisonment) of the Criminal Act, Article 347 (1) (Fraud, Selection of Imprisonment) of the Criminal Act: Article 109 subparagraph 1 of the Attorney-at-Law Act, Article 30 (Violation of the Attorney-at-Law, Selection of Imprisonment), Articles 347 (1) and 30 (Joint Fraud, Selection of Imprisonment, Selection of Imprisonment) of the Criminal Act
1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;
1. Each collection;