Defendant

All appeals by prosecutors are dismissed.

An application for remedy by an applicant for compensation shall be dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles (defendant 1) The defendant involved in a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) did not deceiving the victim by notifying the victim L of harm, and considering the victim's academic background, social experience, etc., the victim could not be deemed as deceiving.

First of all, since the victim requested the defendant to have the right to demand the acceptance of the contract, the defendant deceptioned the victim.

Even if there is no relation between deception and the victim's disposal act, there was no intention to obtain fraud from the defendant.

The judgment of the court below is erroneous in the misapprehension of facts and legal principles.

2) In relation to the violation of the law by a lawyer, the Defendant was aware that he introduced a lawyer to the victim through his own big satisfy that A worked in the legal profession, and did not know that he received money in return for soliciting solicitation. Defendant A and the instant crime were not recruited.

Nevertheless, the court below found the defendant guilty of this part of the charges only with the statements of the victim and his father Q.

B. As to each sentence sentenced by the court below (the defendant and the prosecutor), with respect to the sentencing unfair (the punishment of two years of imprisonment, additional collection of 65 million won) by the defendant, the defendant is too unreasonable, and the prosecutor is too uneasible.

2. Determination:

A. Determination as to the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine 1) Determination as to the part on fraud part 1) Generally, the relevant legal doctrine has harmed religious activities such as deception and received reasonable remuneration.

Therefore, the crime of fraud cannot be established.

However, if the beneficiary received excessive property or property benefits in light of the other party's property status, it would be permitted as an ordinary religious act, in light of the other party's property status.