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The defendant's appeal is dismissed.
Expenses of the trial shall be borne by the defendant.
Reasons
1. Summary of grounds for appeal;
A. Since the Defendant agreed to receive 30% of the total amount of deposit received from the victims as a successful case fee, the Defendant was obligated to return only the remainder after deducting 112,680,703 won from the total amount of deposit.
In addition, KRW 100,00,000 paid to L is not lent to L, but paid to L without recognizing that L is not entitled to receive the deposit by dividing the withdrawn deposit into the victims.
Therefore, the amount of the embezzlement of this case stated in KRW 57,299,047, which deducted the above KRW 112,680,703 from KRW 269,979,750, and KRW 100,000 from KRW 112,680,70, and KRW 57,299,047, which appears to be a clerical error in the calculation.
( = 269,979,750 Won -12,680,703 Won -100,000). The lower court erred by misapprehending the fact, thereby recognizing KRW 269,979,750 as the amount of embezzlement.
B. The sentence sentenced by the lower court to the Defendant (one year and two months of imprisonment) is too unreasonable.
2. Determination
A. 1) In light of the following circumstances, the judgment of the court below is just and acceptable, and there is an error of law by misunderstanding the facts as alleged by the defendant, which affected the conclusion of the judgment, in light of the following circumstances, which can be comprehensively admitted and examined by the court below and the court below by legitimately adopting and examining the successful portion of the case cost.
Therefore, this part of the defendant's assertion is without merit.
① The witness and U.S. present in this court is relatively consistent to the purport that “The principal does not have to pay 30% of the deposit money distributed to the defendant under the pretext of a high rate.”
(2) The statement of each power of attorney submitted by the defendant in the trial of a party shall be a passbook in which the defendant designates the defendant as the delegating person and the defendant receives the deposit money through the lawsuit from the law firm J, the delegating person, as his/her agent.