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The judgment below
The remainder, excluding a compensation order, shall be reversed.
Defendant
A, the defendant, in one and half years of imprisonment.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (unfair punishment) is too unreasonable for the lower court’s punishment (two years and four months of imprisonment and additional collection).
B. Defendant B1’s act of introducing an intermediary agent merely by mistake of facts or misapprehension of legal principles does not constitute a crime of taking good offices (see, e.g., Supreme Court Decision 9Do3115, Oct. 24, 2000). Although the Defendant received money from H and made a solicitation for the handling of the case, it is unreasonable to apply the rate of the Defendant’s act of introducing the Defendant A merely to a person who is only able to carry out the solicitation without accepting the solicitation, as a violation of Article 111 of the Attorney-at-Law Act. Therefore, the judgment of the court below convicting the Defendant of the facts charged in the instant case is erroneous in the misapprehension of facts as to the status and role of the Defendant, or in the misapprehension of legal principles as to the elements of a crime of violation of the Attorney-at-Law Act, thereby affecting the conclusion of the judgment.
2. Determination
A. In a case where Defendant B’s assertion of misunderstanding of facts or misunderstanding of legal principles is limited to the introduction of a person to act as a broker, it shall not constitute a violation of Article 3 of the Act on the Aggravated Punishment, etc. of Specific Crimes or Article 111(1) of the Attorney-at-Law Act (see, e.g., Supreme Court Decision 9Do3115, Oct. 24, 2000).
However, it is not established that the crime of violation of the Attorney-at-Law Act due to the acceptance of money for solicitation or brokerage is not necessarily established under the pretext of the acceptance of money and valuables by specifying the public officials in charge specifically and directly, but through the intermediate person who can exercise influence as well as the cases where the public officials to be solicited are not specifically specified.