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(영문) 대법원 1982. 8. 24. 선고 82도1487 판결

[변호사법위반][공1982.10.15.(690),899]

Main Issues

The amount to be collected additionally where entertainment expenses of Defendant are unclear upon acceptance of multiple persons, such as Defendant, etc. at the same entertainment.

Summary of Judgment

If the amount of expenses incurred in the defendant's contact is unclear when three persons, such as the defendant, etc. receive entertainment on a combined basis, he/she shall regard the amount equally divided as the amount of profit of the defendant and collect it.

[Reference Provisions]

Article 56 of the Attorney-at-Law Act

Escopics

Defendant

upper and high-ranking persons

Defendant

Judgment of the lower court

Seoul Criminal Court Decision 81No7416 delivered on May 20, 1982

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. The records are examined, and the facts constituting the crime in the judgment of the court of first instance are acceptable, and there is no error in the process of evidence collection. The judgment of the court below that dismissed the defendant's appeal due to the maintenance of the judgment of the court of first instance is just, and therefore, the theory of appeal cited as a matter of the rules of evidence is groundless.

2. According to the records, the defendant received entertainment equivalent to 230,000 won in total from the south of the victim's station in two times from the other side of the defendant's office with respect to the referral of the funeral's license. Since it is unclear that the amount of expenses needed for the defendant's contact is the amount of profit of the defendant, the amount equally divided shall be deemed as the amount of profit of the defendant. Thus, the defendant's amount of KRW 76,66 and KRW 4,076,666 in total under the name of the school expenses he consumed by the defendant through the non-indicted and KRW 4,076,66 in total shall be collected in accordance with the latter part of Article 56 of the Attorney-at-Law Act. Thus, the judgment of the court of the first instance in this purport is just and there is no error of law

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Jeon Soo-hee (Presiding Justice)