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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year of imprisonment, two years of suspended sentence, and one hundred and twenty hours of community service) is too unreasonable.
2. The crime of this case is acknowledged as follows: (a) the defendant introduced and arranged an attorney-at-law to E in the process of civil procedure and promised to receive the payment thereof; (b) has embezzled 32 million won out of the attorney-at-law fee delivered by E for personal purposes; and (c) in light of the purport of the provisions of the defense law in order to block various corruptions through the referral of this case and maintain the sound trade order in the legal market, the defendant's liability is not less and less; (d) the defendant received the same amount from E after he anticipated the initial fees of attorney-at-law in civil procedure to pay the same amount as KRW 30 million, and then used the remaining amount for personal debt repayment; and (e) has requested separate fees of attorney-at-law in other criminal cases and used them for personal debt repayment, etc.
However, the defendant recognized the crime of this case and opposed to the defendant, and lent the attorney fee to E.
G In fact, it appears that the payment of KRW 30 million to G would have actually been made recovery of damage to the embezzlement crime, and at the court below deposited KRW 20 million for E at the court below, and at the court below’s first instance, E and only agreed upon with E for the first time in the past. It is difficult to view E as the victim of the offense of violation of law of attorney-at-law, since it is not a crime to protect personal legal interests, it is difficult to view E as the victim of the offense of violation of law of attorney-at-law, and in this respect, efforts to recover damage to E are only the factors to be considered in determining the sentencing of the defendant) and other factors that are the conditions of sentencing, such as the defendant’s age, sexual conduct, motive, means and consequence of the instant crime, and the circumstances after the crime. In full view of all these circumstances, the court below’s sentence is sentenced.