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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., a fine of KRW 4,00,000) imposed by the court below on the defendant is too unreasonable.
2. The following are circumstances: (a) the Defendant appears to have committed the instant crime while accepting the judgment; (b) the Defendant appears to have returned the money received from the victim D; and (c) the said victim expressed his intention not to have the Defendant punished to the investigation agency; and (d) the fact that the instant case was not tried together with the crime of embezzlement as indicated in the judgment of the lower court that became final and conclusive
However, by taking advantage of the experience in which the defendant worked as a lawyer's office office, he/she will receive the case and receive a favorable judgment.
The court below's judgment's sentencing factors in this case, such as the defendant's age, character and conduct, occupation and environment, background and result of the crime, etc., are too unreasonable considering the following factors: (a) legal counseling services are provided by the above victim; (b) legal affairs such as preparing a complaint are heavy; (c) the amount received from the above victim is not specified; and (d) there is a need for punishment corresponding thereto; (c) the defendant has been subject to criminal punishment of fine of KRW 3,00,000 for the same criminal record; and (d) there are several different types of criminal records in addition to the previous criminal records; and (e) the court below seems to reflect all the above favorable circumstances; and (e) there is no change of circumstances that may vary in punishment; and (e) there is no other change of circumstances that can vary in punishment in the course of the trial; and (e) the punishment factors in this case, including
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.