The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The court below's decision on the ground of appeal contains an error of omission of collection in the text of the appeal.

2. Article 116 of the Attorney-at-Law Act provides that the amount of money received by a person who committed an offense under Article 111 of the same Act shall be additionally collected if it is impossible to confiscate the money or other benefits. Thus, if the defendant did not return the money received from the victim due to an offense of violation of the Attorney-at-Law Act, but once he/she consumeds the money, and then returned the money equivalent to the money received, then the money shall not be confiscated, and the amount of money equivalent

(See Supreme Court Decision 201Do14167 Decided December 22, 2011 (see, e.g., Supreme Court Decision 2011Do14167, Dec. 22, 201). According to evidence duly adopted and investigated by the lower court, the Defendant received 3 million won in the name of solicitation from E, a requester for the middle of October 201, and 200,000 won out of the receipt to B, and the Defendant consumed the remainder of one million won, and thereafter, the Defendant returned 1 million won in the middle of January 2012 to E.

If so, the court below omitted the collection of a reasonable amount of money from E on the money received from the defendant, but omitted it in the order. Therefore, the prosecutor's argument about the misapprehension of the legal principles pointing this out is with merit.

3. According to the conclusion, the prosecutor's appeal is reasonable, and the judgment of the court below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, and Article 111(1) of the Attorney-at-Law Act on the Selection of Punishment (the point of receiving money and valuables in the name of solicitation for the handling of public officials, and the selection of fines)