(b) Violation of the Certified Judicial Scriveners Act;

Housing Incheon Yeonsu-gu

Jeonnam-gun District in original domicile

2.(b) Han-so (56 - 1) and a certified judicial scrivener.

Housing Incheon Southern-gu

City of Reference domicile

[Defendant-Appellee]

When the defendant Han-○ does not pay the above fine, the period of 100,000 won converted into one day.

The above defendant shall be confined in a workhouse.

The provisional payment of the amount equivalent to the above fine shall be ordered.

1. Defendant fixed-scale ○○

(a) Embezzlement;

(1) On December 2012, 2012, the Defendant was delegated by the Incheon District Court No. 9101 and the Incheon District Court No. 5101, 201 from the Victim Incheon District Court at the office of Han○○○○, a certified judicial scrivener with the five floors of the building of the Nam-gu Incheon Metropolitan City (Schoolly Do) ○○○○○, Seoul, the five floors of the building.

On December 6, 2012, the Defendant, from the Incheon District Court around December 6, 2011, embezzled KRW 153, 461, 208 as deposit and interest 153, 461, and 20, 607 as deposit and interest 20, 055, and 607 as deposit and interest 20, 055, and 607 as deposit and interest 20, 173, 516, and 815 as long as the Defendant received deposit from the bank account in the name of ○○, and kept for the victim, compared with the Defendant’s office operation and living expenses at around that time.

(2) On June 2013, the Defendant was delegated with the duties of withdrawing and recovering the deposit money under the Incheon District Court No. 12613, 2010 from the Incheon District Court at the ○○○○○ Office of the said Certified Judicial Scriveners.

on June 20, 2013, the Defendant deposited money of No. 12613 from the Incheon District Court in 2010.

and interest 20, 432, 125 won shall be deposited into the bank account under the name of the defendant so long as the defendant has been managed.

While being kept for the victim, the defendant voluntarily consumed the office operating expenses of the defendant at around that time and embezzled.

(b) Violation of the Certified Judicial Scriveners Act;

On January 1, 201, the Defendant: (a) at the first ○○○ office of the foregoing certified judicial scrivener; (b) on the part of the Defendant, the Defendant independently accepted the instant case between Han○ and Han○○○○○; (c) paid to Han○○○○ KRW 1,60, and KRW 00 on the pretext of the actual rent, management fee, and equipment cost, etc.; and (d) agreed to pay all the expenses, value-added tax, income tax, and other expenses incurred in the performance of the duties to be paid by Han○○○ in the course of performing the said duties, to pay the female employees’ wages employed by the Defendant, and four major premiums.

On December 2, 2012, the Defendant independently accepted the 15 cases or 20 cases on an average each month from January 1, 201 to September 2015, and received remuneration from the delegating to the ○○○, such as performing the duties of withdrawing and recovering deposit money under the name of the Incheon District Court (Seoul District Court 201) from the Seocho Port Corporation (Seoul District Court 201) in accordance with the above agreement, from January 1, 201 to September 2015, the Defendant independently delegated the duties of withdrawing and recovering deposit money (1,600,000 won per month to the delegating ○○.

Accordingly, the defendant lent and used the certificate of a certified judicial scrivener of Korea's ○○.

2. Defendant 1-2

On January 1, 2011, the Defendant agreed to the instant clause 1(b) at the ○○○○○ Office of the said certified judicial scrivener.

Pursuant to the agreement, the Defendant accepted the instant case from January 1, 201 to September 2015, 201, with his/her own initiative, to ○○○, as prescribed in paragraph (1)-B of the said Article, and performed his/her duties under the name of the Defendant, and received payment of KRW 1,60,000 per month from Ma○○○.

Accordingly, the defendant lent the certificate of certified judicial scrivener under the name of the defendant to ○○○.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Statement of statement to ○○○;

1. A written confirmation;

1. A national bank account transaction statement in the name of the defendant Jeong-○, and a Korean bank in the name of the defendant Han-○;

Account specification, each request for withdrawal, recovery, and power of attorney of each deposit;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

A. Defendant 1-○○: Article 355(1) of the Criminal Act (Embezzlement and choice of imprisonment) and Article 355(1) of the Certified Judicial Scriveners Act

Article 72 (Ex Post Facto Notice and Article 21 (2) (Exploitation of Certificate of Certified Judicial Scriveners and Selection of Imprisonment)

(b) Defendant 1-○○: the preamble of Article 72 and Article 21(2) of the Certified Judicial Scriveners Act.

1. Aggravation for concurrent crimes;

Defendant Jeong-○: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Detention in a workhouse;

Defendant Han-○: Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Defendant ○○: Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. Defendant fixed-scale ○○

[Scope of Recommendation] Type 2 (not less than KRW 100,00 but less than KRW 500,00) basic area (one year to three years)

【No Special Convicted Person】

* Violation of the Certified Judicial Scriveners Act is not a crime subject to sentencing guidelines, and is based only on the lower limit of recommended punishment.

【Determination of Sentence】

The fact that the defendant is against himself and all of the crimes of this case is recognized, and that the defendant has no specific criminal history, other than one fine, was considered as favorable to the defendant. However, the crime of this case is deemed to have embezzled the money that the defendant has kept for the victim while running a business with a certified judicial scrivener's license while the defendant lending his/her business, and is not consistent with the victim even though the amount of damage is large, it is reasonable to sentence the defendant to the punishment. Accordingly, the punishment of the defendant shall be determined as per the disposition.

2. Defendant 1-2

The Defendant is against the Defendant and recognized to commit the instant crime, and all kinds of sentencing shown in the records and arguments of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of committing the instant crime, and circumstances after committing the instant crime, etc., as well as the one-time suspended sentence.

Comprehensively taking into account the conditions, the sentence shall be determined as ordered.