Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (an additional collection of KRW 1 year, 96 million) is too unreasonable.
B. In light of the misunderstanding of the facts or the misunderstanding of the legal principles and the statements of the Defendant and I, the Defendant and the AZG dealt with the case including personal rehabilitation, etc. with a co-author who seeks to accept the case under the name of the attorney in F and I, etc.
Since the defendant is also liable for all the facts charged of this case.
Nevertheless, the court below found the defendant guilty among the facts charged in this case. The court below erred by misunderstanding the facts or misunderstanding the legal principles.
2) The sentence sentenced by the lower court is too unhued and unreasonable.
2. Determination of the Prosecutor’s misunderstanding of the facts or misapprehension of the legal doctrine
A. The summary of the facts charged is that the Defendant is not an attorney-at-law. On December 2010, the Defendant: (a) accepted the case of personal rehabilitation with the client’s fees of KRW 1.3 million from the client’s M; (b) then, (c) handled legal affairs concerning non-contentious cases by preparing an individual rehabilitation application, list of creditors, list of property, list of revenue and expenditure, statement, and repayment plan in the name of the attorney-at-law F who belongs to D; and (d) thereafter, (c) handled the case of personal rehabilitation, bankruptcy, and facebook as shown in Table 1 attached to the lower judgment from July 2012 to the date of the lower judgment; (d) received a total of KRW 27,56 million from the clients to August 2015, and (e) received the case of personal rehabilitation, 200 million, including personal rehabilitation, from G Law Firm or H Law Firm to August 2015.
B. The lower court’s determination is based on the evidence duly adopted and examined by the lower court.