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(영문) 대법원 1984. 8. 21. 선고 84도1044 판결

[변호사법위반][공1984.10.15.(738),1587]

Main Issues

meaning of cases or affairs handled by public officials under Article 54 of the former Attorney-at-Law Act

Summary of Judgment

It is reasonable to interpret that the case or affairs handled by a public official under Article 54 of the former Attorney-at-Law Act shall refer to all the cases or affairs except for one's own identity, and even if the defendant was a shareholder of the company and was an auditor, a request for review of corporate tax, etc. imposed on the company cannot be a case of the defendant.

[Reference Provisions]

Article 54 of the former Attorney-at-Law Act (amended by December 31, 1982), Article 78 of the Attorney-at-Law Act

Reference Cases

Supreme Court Decision 83Do408 Delivered on April 26, 1983

Escopics

Defendant

upper and high-ranking persons

Defendant

Defense Counsel

Attorney Han Jin-man

Judgment of the lower court

Seoul Criminal Court Decision 83No6717 delivered on March 20, 1984

Text

The appeal is dismissed.

Reasons

The defendant's defense counsel's grounds of appeal are examined.

Examining the evidence cited in the judgment of the court of first instance as maintained by the court below in comparison with the records, the court below was just in finding the facts charged that the defendant, in handling the case of a request for the review of national tax against the corporate tax imposed on the non-indicted 1 corporation, at the request of the public official belonging to the National Tax Service and requested the public official belonging to the National Tax Service for a reduction of the above tax amount of five million won under the pretext of teaching expenses, and it is not erroneous in the rules of evidence against the rules of evidence against the theory of lawsuit, and it is reasonable to interpret that the case or affairs handled by the public official under Article 54 of the former Attorney-at-Law Act refers to all the cases or affairs except for his own identity. Thus, even if the defendant is a shareholder of the non-indicted 1 corporation and was an auditor of the above corporation, if the defendant received money and valuables from the above corporation under the pretext of solicitation from the public official related to the above corporation, it cannot be accepted, and therefore, the judgment below is also erroneous in the misapprehension of legal principles as to the Attorney-at-law.

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

Justices Kim Jong-sik (Presiding Justice)

심급 사건
-서울형사지방법원 1984.3.20.선고 83노6717
본문참조조문