beta
(영문) 대전지방법원 2019.01.10 2018노1938

법무사법위반등

Text

The judgment below

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

Defendant

A shall be punished by imprisonment for two years.

However, the defendant.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (two years of imprisonment) is too unreasonable.

B. Defendant D, E1) misunderstanding of facts and misunderstanding of legal principles, and Defendant D, and E directly handled the affairs of a certified judicial scrivener office. Thus, it cannot be deemed that Defendant A lent a certified judicial scrivener registration certificate as stated in this part of the facts charged. 2) The sentence of the lower court against Defendant D, E (Defendant D: imprisonment with prison labor for one year, suspension of execution, two years, additional collection, and fine of five million won, and additional collection) is too unreasonable.

C. The lower court’s punishment against the Defendants (e.g., Defendant B: one year of imprisonment, two years of suspended sentence, and two years of suspended sentence) is too uneased and unreasonable.

[1] The prosecutor’s appeal on August 3, 2018 stated that “total Appeal” means “total Appeal,” and the prosecutor asserted only “dual unjust” as the grounds for appeal against the Defendants on the date of the first trial of the court of first instance. The prosecutor’s appeal against the Defendants is reasonable to deem that the grounds for appeal against the Defendants are “dual unjust.” However, in the prosecutor’s appellate brief, the prosecutor’s appeal against the Defendants, despite having ordered the Defendant to collect additional collection of KRW 497,15,01, the prosecutor’s office of a certified judicial scrivener, was not sentenced to additional collection against the Defendant A. As such, the prosecutor asserts that it is unjust. The court below examined the grounds for appeal on the grounds of appeal of the prosecutor’s appeal.

However, in terms of factual relations, it is difficult to readily conclude that all these benefits have been gained through the granting of a certified judicial scrivener registration certificate, and considering the circumstances such as separate punishment regulations (Article 74 of the Certified Judicial Scriveners Act) where a person who is not a certified judicial scrivener conducts a business of a certified judicial scrivener, it is difficult to determine that such benefits have been gained through the granting of a certified judicial scrivener registration certificate.