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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and eight months.
47,000,000 won from the defendant.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s sentence against the Defendant by the Prosecutor (one year and eight months of imprisonment) is too unhued and unreasonable.
B. The lower court’s punishment against the Defendant is too unreasonable.
2. Prior to the judgment on the assertion of unfair sentencing by the defendant and the prosecutor, Article 116 of the Attorney-at-Law Act provides that "the person who committed an offense under Article 111 of the same Act shall confiscate money and valuables or benefits received by him/her, and if it is impossible to confiscate them, the equivalent value shall be collected. According to the evidence duly adopted and investigated by the court below, it is recognized that the defendant received 47 million won from the victim under the pretext of solicitation for the public official's affairs and remitted it to his/her wife or his/her branch. Thus, the amount equivalent to 47 million won, which the defendant received from the victim for solicitation, should have been collected from the defendant. Nevertheless, the court below omitted this, which affected the judgment. Thus, the court below erred by misapprehending the legal principles on essential additional collection under the latter part of Article 116 of the Attorney-at-Law Act, which affected the judgment.
In addition, in the trial on April 30, 2014, the prosecutor applied for the amendment of the Bill of Indictment which adds "Article 116 of the Attorney-at-Law Act" to the applicable provisions of the law, and this court permitted it, so the judgment of the court below is no longer maintained as it is in this point.
3. The applicant filed a compensation order seeking payment of KRW 47 million, which was acquired by the Defendant due to the instant crime in the trial. However, according to the records, the Defendant’s transfer of KRW 3 million to G of the applicant’s agent around May 11, 2012 (Evidence No. 445 of the Evidence Record), and the applicant’s compensation applicant.