변호사법위반등
The defendant's appeal against the judgment of the court of first instance and the prosecutor's appeal against the judgment of second instance are all dismissed.
1. Judgment of the court below of first instance
A. The summary of the grounds for appeal by the defendant 1) misunderstanding of facts or misunderstanding of legal principles: The defendant only provided an analysis of the right and mediation for the acquisition of the pertinent goods that can be justified as a licensed real estate agent, and did not act as an agent for the defendant as stated in the facts charged in the instant case. Furthermore, the defendant did not enter the relevant documents as his agent, and P made a purchase within the extent of KRW 70 million, not exceeding the total purchase price of KRW 70,000,000, but within the extent of KRW 70,000,000, and P made a tender with the lead of P. Nevertheless, the judgment of the court below which convicted the defendant was erroneous in misunderstanding of facts or misunderstanding of legal principles. 2) In consideration of various circumstances, the sentence of the court below (5
B. 1) In light of the purport of Article 109 subparagraph 1 of the Attorney-at-law Act that prohibits a person, other than an attorney, from engaging in handling legal affairs by prohibiting him/her from participating in a mistake of facts or misapprehension of legal principles, the term "agent" under the above Article 109 subparagraph 1 of the Attorney-at-law Act means not only the act of dealing with legal affairs in the name of his/her agent, but also the act of using legal knowledge on behalf of his/her agent, or the act of using legal knowledge on behalf of himself/herself, or the act of actually carrying out a case for the sole purpose of himself/herself with no legal knowledge or insufficient person and without the form of his/her own as if he/she directly carries out the case (see, e.g., Supreme Court Decision 99Do2193, Dec. 24, 199).