The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. A victim of mistake of facts had already appointed an I-Attorney before meeting with the Defendant for the first time, and had him appointed a D-Attorney to work for the first time, which is unrelated to the Defendant.

The defendant was the presiding judge of a criminal case or D lawyer at all, and there was no charge from the victim in relation to the appointment of D lawyer by deceiving the victim as stated in the facts constituting the crime in the judgment below.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence imposed by the court below on the defendant (six months of imprisonment and two years of suspended execution) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, it is recognized that the Defendant received KRW 50 million from the victim as a DNA fee by making a false statement that the Defendant appointed D lawyer to the victim.

Therefore, the defendant's assertion of mistake is not accepted.