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(영문) 대전지방법원 2017.02.16 2016노2653

변호사법위반등

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment with prison labor for not less than one year and four months.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In the course of the joint crimes committed by the Defendant and C with the Defendant on November 27, 2014, the remainder excluding KRW 5,600,000 out of KRW 28,00,000 received from ET, excluding KRW 1,50,000 out of KRW 15,00,000 received from FM (FZ) on September 3, 2015, the remainder excluding KRW 1,50,000 out of KRW 2,70,00,000 received from FA on October 27, 2015, among the crimes jointly committed by the Defendant and D, the Defendant did not have to have accrued the remainder of KRW 20,00,000 out of KRW 3,00,000,000, which was collected from DP on May 14, 2015, the Defendant’s assertion that the amount should be collected ex officio and below the above legal principles should be collected.

The court below ordered additional collection in excess of the above shall have an error of law by misunderstanding legal principles.

2) Unreasonable sentence of the lower court (two years of imprisonment, additional collection) is too unreasonable.

B. The court below’s sentencing (unfair sentencing) is too unfortunate and unfair.

2. Determination and ex officio determination on the Defendant’s assertion of misapprehension of the legal doctrine

A. Article 109 Subparag. 1 of the Defense Act provides for penal provisions regarding the act of legal affairs in which a person, other than an attorney-at-law, receives or promises to receive money, valuables, entertainment or other benefits. However, when a person is simply reimbursed for actual expenses related to legal affairs, he/she received benefits under the aforementioned provision.

shall not be deemed to exist.

However, the legislative purpose of the above Article is to prohibit a person, other than an attorney-at-law, from performing legal affairs for a fee, and thus, in full view of various circumstances, such as the content of legal affairs, details and scale of expenses, and the process of giving and receiving profits, he/she acquired economic benefits as consideration for legal affairs.

If you can see, even if the profit amount takes the form of reimbursement for actual expenses, the act of giving and receiving such profit and performing legal affairs.