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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. The summary of the grounds for appeal (the defendant A: the fine of KRW 15,00,000 and the penalty of KRW 20,000,000, the penalty of KRW 10,000 and the penalty of KRW 16,50,000, and the penalty of KRW 16,50,000) declared by the court below are too unfasible.
2. The crime of this case committed by the Defendants in spite of the Defendants’ intent or ability to supply the part of the victim by solicitation, by deceiving the victim with a considerable amount of money, and it cannot be deemed that the crime of this case committed by the Attorney-at-Law Act is less vulnerable to the nature of the crime. In particular, the crime of violation of the Attorney-at-Law Act has great social harm by impairing the public’s confidence in the integrity
However, in full view of the following circumstances: (a) the Defendants recognized the instant crime and reflected the mistake; (b) there is no evidence to deem that the Defendants went to commit additional crimes, such as offering of bribe to relevant public officials; (c) the Defendants fully satisfied the damage and agreed with the victims; and (d) Defendant A was the primary offender; and (c) Defendant B was not guilty of a crime exceeding the same criminal record or fine; and (d) the Defendants’ age, character and conduct, environment, family relationship, motive, means and consequence of the instant crime; and (e) other circumstances that form the conditions for sentencing as indicated in the instant case, such as the circumstances after the crime, etc., the sentence
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.