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(영문) 대구지방법원 2015.06.12 2014노3642

법무사법위반

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found Defendant A guilty of the facts charged in this case, either erroneous facts or misapprehension of legal principles, and dealt with the practical affairs as a certified judicial scrivener. Defendant B merely supported the affairs of a certified judicial scrivener as a certified judicial scrivener and cannot be deemed to have lent the certified judicial scrivener registration certificate to the Defendants. Furthermore, Defendant A cannot be deemed to have been responsible for the maintenance and management of Defendant B’s office as long as it actually performed the affairs at the certified judicial scrivener office. However, the court below erred by misapprehending the facts or by misapprehending the legal principles on lending the certified judicial scrivener registration certificate, which affected the conclusion of the judgment.

B. The sentence of a fine of five million won imposed by the lower court is too unreasonable.

2. Determination:

A. The defendants alleged that the judgment of the court below is not a misunderstanding of facts or misunderstanding of legal principles against the defendant Eul's certificate of a certified judicial scrivener, and the judgment below rejected the defendants' assertion in detail under the title "a judgment as to the argument that the defendant A does not name because he had worked in the certified judicial scrivener office". In comparison with the above judgment of the court below, the judgment of the court below is just and it is not erroneous and there is no error of law by misunderstanding of facts or misunderstanding of legal principles. Thus, this part of the defendants' assertion is without merit.

B. The Defendants’ determination on the assertion of unfair sentencing denies and refuse to reflect the crime in the lower court and the competent court. The Defendants’ instant crime goes against the fundamental intent of the certified judicial scrivener system, which established strict qualification requirements for the benefit of the people’s legal life and the sound development of the judicial system.