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Of the judgment of the court of first instance, the part of defendantO is reversed.
Defendant
O shall be punished by a fine of KRW 8,000,000.
Defendant
O above.
Reasons
1. Summary of grounds for appeal;
A. Fact-finding (Defendant I, L, and N) Defendants’ work as an employee of a law firm and received instructions from a commercial AL, while working as an employee of the law firm. However, since they were unaware of the fact that they were not aware of the fact that they were working in the name of another attorney-at-law in the AL law firm, they cannot be punished as a violation of the law of defense and justice (see, e.g., Supreme Court Decision 2000Du1488, Apr. 1, 200; 200; 200 U.S.0, U.S.000; 2000 U.S.). 2. Sentencing sentencing is illegal (see, 2). 1. Determination of sentence is based on each of the following types: Defendant E, L, N,O, and K first deliberation types (see, e.g., suspended sentence of imprisonment for six months; 2 years, Defendant L, K, 800 won; 200 won; 2000 won, respectively.
The sentence against Defendant A (two years of suspended sentence in October) of the first instance trial of Defendant A (Defendant A) is too unhued and unfair.
2. Determination:
A. As to the assertion of mistake of fact (as to Defendant I, L, and N), I and II are also examined as to the allegation of mistake of fact.
Defendants recognized all the facts charged since the investigation agency to the court of first instance.
The following circumstances acknowledged by the evidence duly adopted and examined by the first instance court in this confession, namely, ① all of the terms and conditions of employment and personnel management for the Defendants, who were not attorneys-at-law, including BR, was responsible for and managed for them, and attorneys-at-law including BR did not manage all of them (Defendant L and I, who were employed by the BR attorney-at-law, moved the place of the AL’s rehabilitation team from April 2014 to the direction of the BR attorney, and Defendant N was employed from the beginning). ② After receiving the contact of the clients who sought AL, the Defendants were distributed the personal rehabilitation.