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(영문) 서울중앙지방법원 2016.12.23 2016노3629

변호사법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the mistake of facts or misapprehension of legal principles, and unreasonable sentencing)

A. misunderstanding of facts or misunderstanding of legal principles (1,60,000 won received by the defendant from D is part of the agreed total salary amount of 2,00,000,000 won under the labor contract with E represented by D, not the money received as the consideration for the act of representation in a lawsuit, and 2. The act of representation in a lawsuit is also a part of the work as an employee of the above E.

Nevertheless, the judgment of the court of first instance which pronounced guilty against the defendant is erroneous by misunderstanding facts or by misunderstanding the legal principles on the violation of the Attorney-at-Law Act.

B. The sentence imposed by the first instance court of unfair sentencing (fines 5,000,000) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the first instance court’s judgment on the assertion of mistake of facts or misapprehension of legal principles were duly adopted and investigated: (i) the Defendant’s employment contract and certificate of employment as of June 20, 2013 entered as if the Defendant had worked on July 1, 2013; (ii) the director’s submission and submission of the Defendant’s claim for construction cost on behalf of D around June 9, 2013; (iii) the Plaintiff’s representative director was changed to H as of October 23, 2012; and (iv) the above H was closed as of January 20, 2013; and (v) even if the records of actual work were not observed, it was not easy for the Defendant to readily obtain that the Defendant had worked on behalf of the legal officer and general manager as of July 1, 2013; and (iii) the Defendant appears not to have worked on behalf of the Defendant during the litigation procedure, and presented the appearance of the Defendant’s employment contract, other than the Defendant’s act of employment.

참조조문