The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

103,000 won shall be additionally collected from the defendant.

1. Summary of grounds for appeal;

A. Legal principles or the Defendant paid stamp fees and service fees related to a request for specification of property or an erroneous determination of facts for D, and only received money from D.

Therefore, the violation of the Attorney-at-Law Act is not established against the defendant.

B. The lower court’s sentence of unreasonable sentencing (an additional collection of 1.6 months of imprisonment and 153,000 won) is too unreasonable.

2. Determination

A. An ex officio determination (revision of indictment) at the time of the trial, the prosecutor received the remittance of the amount of KRW 153,000 on November 19, 2008 from D under the pretext of the price, service fee, etc. from D among the facts charged of the violation of the Attorney-at-Law Act, and filed an application for permission to change the bill of indictment to “the amount of money equivalent to KRW 103,000,000, which was deducted from actual expenses such as stamp, service fee, etc.” under the pretext of the said fee, etc., and the subject of the adjudication was changed by this court.

Since the above and the remaining criminal facts found guilty are concurrent crimes under the former part of Article 37 of the Criminal Act, as long as the court below rendered a single sentence, the court below's judgment should be reversed in its entirety.

However, the defendant's misunderstanding of the legal principles or misunderstanding of facts as to this part of the facts charged still is subject to the judgment of this court, and the following are examined.

B. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated in the lower court’s judgment as to the misapprehension of legal principles or the assertion of mistake of facts, KRW 103,000 as stated in the changed facts charged out of KRW 153,00 that the Defendant received transferred to D cannot be deemed to have received simple compensation for actual expenses, and it is deemed to have received legal counseling or fees for the preparation of legal documents.

(1) The amount used as a stamp and service charge among the amount of KRW 153,00 which the defendant received from D from the prosecution is limited to the amount of KRW 50,00,00, and the remainder is limited to the amount.