변호사법위반
The guilty portion in the judgment of the first instance shall be reversed.
The sentence of sentence against the defendant shall be suspended.
The judgment of the court of first instance is in the judgment.
1. Summary of the grounds for appeal (the factual error and inappropriate sentencing)
A. Defendant’s assertion of mistake of facts (as to the guilty portion of the first instance judgment), ① “A” stating “A” is not indicated to the effect that it is an attorney-at-law, so there was no intention in violation of the Attorney-at-Law Act. ② G, the client, was given an explanation about the qualifications of the Defendant, and the Defendant was well aware of the fact that it was a U.S. attorney-at-law, and thus, it cannot be deemed that the attorney-at-law was indicated or written.
Nevertheless, the judgment of the court of first instance which pronounced guilty on this part is erroneous by misunderstanding facts, which affected the conclusion of the judgment.
B. The prosecutor's assertion of misunderstanding of facts or misunderstanding of legal principles (as to the acquittal portion of the judgment of the court of first instance) (1) If the purport of the judgment of the court of first instance is to be followed, the Korean law, which is enacted in the Korean language, cannot be punished for all foreign language, and thus, it is not reasonable. ② If a person holding a license of a foreign attorney like the defendant wishes to express his/her position, he/she should use the name "U.S. legal adviser", "U.S. attorney" or "U.S. attorney-at-law", and ③ as the English name of the word "Korean attorney-at-law", Korean attorney-at-law must use the same English language. Thus, in order for a person holding a license of a U.S. attorney-at-law to prevent confusion as the defendant, the defendant must use the word "U.S. legal advisery law", etc.
Nevertheless, the judgment of the court of first instance that acquitted this part is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
C. The Prosecutor’s first instance judgment on the grounds of unfair sentencing (hereinafter “ fine of KRW 1,00,000”) is too uneasible and unreasonable.
2. Determination
A. Judgment on the Defendant’s assertion of mistake of facts