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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The defendant received KRW 2 million in return for preparing a complaint, etc. from D, but all of the above money was returned after D filed a complaint against the defendant.
The judgment of the court below that sentenced collection of 2 million won against the defendant is illegal.
Judgment
Article 116 of the Attorney-at-Law Act provides that a person who has committed a crime such as Article 109, Paragraph 1 of the Attorney-at-Law Act shall be confiscated for money or other benefit received by him or her, and if it is impossible to confiscate it, the value thereof shall be additionally collected.
If a person who committed an offense under Article 109 (1) of the Attorney-at-Law does not return the money received as it is, but the amount received after the consumption of the money is returned, the money received cannot be confiscated itself, and therefore, the money equivalent to the amount shall be collected from the person who received the money.
(see, e.g., Supreme Court Decisions 2009Do7641, Sept. 24, 2009; 201Do4061, May 26, 201). According to the evidence duly adopted and examined by the lower court, the Defendant received KRW 2 million in return for preparing a civil suit, etc. from D around February 2018; D demanded the return of the said money to the Defendant; D demanded the return of the said money; and around January 2019, the Defendant filed a criminal complaint against the Defendant; and the Defendant returned the said money to D on May 13, 2019.
Examining the above facts in light of the legal principles as seen earlier, since the defendant did not return 2 million won received from D as it is, as long as the amount received after the consumption was returned, the amount equivalent to 2 million won should be collected from the defendant.
The judgment of the court below that sentenced the collection of penalty against the defendant is justifiable.
In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit.