법무사법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. According to the evidence submitted by the prosecutor's office, the court below found the defendant not guilty of the facts charged of this case, despite the fact that the defendant prepared and submitted documents to the court, which is a certified judicial scrivener's business, for the purpose of business, is erroneous and adversely affected by the conclusion of
2. Determination
A. The summary of the facts charged in the instant case is the Defendant, from April 1, 2008 to November 22, 201, who was in charge of claims collection business, etc. at the Seocho-gu Seoul Metropolitan Government Seocho Branch Office from November 1, 201.
A person other than a certified judicial scrivener shall not engage in the business of preparing documents and submitting such documents to the court and the public prosecutor's office.
Nevertheless, from July 30, 201 to July 20, 201, the Defendant received a certain amount of money from the above consideration credit information company, Seocho branch office, etc. to C, a creditor, from the above consideration credit information company, etc., and made and submitted documents to the court on behalf of creditors, such as preparing and submitting an application for compulsory execution, etc. to the Seoul Northern District Court instead of creditors C, on 44 occasions in total.
B. The lower court found the Defendant not guilty of the facts charged in the instant case on the grounds that there is no other evidence to acknowledge it as a certified judicial scrivener’s business, in view of the following circumstances acknowledged by the evidence submitted by the prosecutor, namely, the fact that the amount the Defendant received from the creditors appears to be the money of the nature of reimbursement for actual expenses, the Defendant received benefits even if not specified by the Korea Credit Information Company, and the Defendant’s refund money received by the Defendant is a small amount of money.
C. Whether a person, who is not a certified judicial scrivener, is "a person who is not a certified judicial scrivener," or not, is "a person who is not a certified judicial scrivener," or not, shall be punished by repeating administrative affairs, business continuity, etc.