변호사법위반
The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. The sentence of the lower court (one year of imprisonment and two years of suspended execution, and fine of ten million won) on the summary of the grounds of appeal is excessively unreasonable.
2. Ex officio determination
A. Article 112 Subparag. 1 of the Civil Code (hereinafter “instant penal provision”) which punishs a person who conducts a business by taking over another person’s right or pretending to take over another person’s right by means of litigation, conciliation, reconciliation, or other means by acquiring it, regulates an evasion of law under Article 109 Subparag. 1 of the same Act, prevents any harm to the people’s legal interests, prevents any harm to the people’s legal life, and is prepared to ensure the fair and smooth operation of the civil judicial system. The legislative purpose is to prevent the abolition of a lawsuit by prohibiting a person who is stipulated in the law from taking over another person’s right for business as a business and taking advantage of another person’s right at cost or without compensation through a court.
In addition, the punishment provision of this case is significant in that it is intended to achieve significant public interest by prohibiting a person who is not authorized as having expertise and objective credibility necessary for the handling of legal affairs from acquiring rights from another person, and practically lending another person the form of exercising such rights to engage in repeated and continuous handling of legal affairs. Thus, even if a certain act formally constitutes the elements of the punishment provision of this case, it does not apply in cases where it is deemed that there is no risk of undermining the legislative purpose of the act within a legitimate scope of business due to a new social and economic needs (see Supreme Court Decisions 93Do1735, Apr. 12, 1994; 2002Hun-Ba36,55, Jan. 29, 2004, etc.).