The appeal by the prosecutor is dismissed.

1. According to the evidence submitted by the prosecutor, according to the summary of the grounds for appeal (the factual error), it is sufficiently recognized that the Defendant received 32,185,390 won over 145 times as compensation for damage caused by the reclamation of stone-based industrial complex, the installation of loading and unloading facilities and drainage pipes, the fishery damage compensation case due to the operation of a pump station (hereinafter “damage compensation case”) from the ship owners of the D fishing village fraternity belonging to the D fishing village fraternity in Pyeongtaek-si from December 8, 2011 to July 10, 2012, for the purpose of paying compensation for the business affairs related to the payment of compensation for the said damage, the Defendant received 145 times as payment of 32,185,390 won as well as the attorney-at-law by dealing with other legal affairs and received money and valuables in return.

2. Determination

A. Article 109 subparag. 1 of the Attorney-at-Law Act provides that the act of receiving or promising money, entertainment or other benefits shall be punished.

In light of the legislative purport of the above Act that prohibits non-legal practitioners from handling legal affairs, the "interest" provided for in the above provision shall be interpreted to be limited to the economic interest exceeding the compensation for actual expenses, and in the case of mere receipt of compensation for actual expenses, it shall not be deemed an offense even in the case of handling legal affairs provided for in the above Act.

(See Supreme Court Decision 2008Do1655 Decided April 11, 2008, and Supreme Court Decision 2003Do7481 Decided April 28, 2004, etc.). B.

The court below stated that the defendant, as the head of the D fishing village fraternity, has been acting as an agent for compensation in accordance with the request of the main body of compensation or the individual owner with respect to the compensation cases for fishery damage including each of the instant compensation cases as well as the head of the D fishing village fraternity, and that the defendant should bear all of the expenses to the individual owner upon delegation from the original owner, and that the defendant did not specify the amount of profit or amount of expenses to be received by the defendant, and at the time of receiving the power of attorney.