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(영문) 서울중앙지방법원 2020.01.09 2019노3055

사기미수

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by a fine of three million won (three million won).

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below on the Defendants (the defendant A: 4 months of imprisonment, 2 years of suspended execution, 6 months of imprisonment, 2 years of suspended execution, etc.) is too unreasonable.

B. The prosecutor (the defendant C) 1) misunderstanding the legal principles as to the violation of the Attorney-at-Law Act (the violation of the Attorney-at-Law Act)

(2) After the registration of the establishment of each of the F apartment units and the shares in the commercial building, the act of filing a report on rights and demanding distribution based on each of the aforementioned false claims in the compulsory auction procedure against some of the above apartment units and the commercial building, and preparing and submitting legal documents, such as written answers and preparatory documents, in the lawsuit of demurrer against distribution against the above fraudulent claims, the act of Defendant C actually exercises the right as a right holder of the above defendant A and B by dividing the dividends received by the demand for distribution based on each of the above false claims into the defendant A and B. Thus, it can be said that the non-legal attorney-at-law performed another's legal affairs in return for promising the payment of profits such as money and valuables. Thus, Article 109 subparagraph 1 of the Attorney-at-law Act can be deemed to be in violation of the judgment of the court below which acquitted the defendant C of the violation of the Attorney-at-Law Act against the defendant C, which affected the conclusion of the judgment.

2. Determination

A. In full view of the purport and legislative history of each provision under Article 109 subparag. 1 of the Attorney-at-Law Act and Article 112 subparag. 1 of the Attorney-at-Law Act as to the prosecutor’s assertion of the misapprehension of the legal doctrine, and the contents and form of each text, a person who is not an attorney-at-law receives or promises to receive money, valuables, entertainment, or other benefits, is confined to the appearance of such person’