변호사법위반등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. As to the violation of the Attorney-at-Law Act among the facts charged in the instant case, the Defendant collected financial claims from a registered credit service provider by acquiring financial claims from the registered credit service provider, which is included in the scope of credit business permitted under Article 2 subparagraph 1 (a) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”), and thus, the Defendant’s act in the instant case constitutes an exception to the penal provision under Article 112 subparagraph 1
Therefore, the judgment of the court below convicting this part of the facts charged is erroneous by misapprehending the legal principles and affecting the conclusion of judgment.
B. Not on the basis of unreasonable sentencing
Even if the court below's punishment (one year of imprisonment and two years of suspended execution, fine of ten million won) is too unreasonable.
2. Determination:
A. Judgment on the misunderstanding of legal principles 1) Article 112 Subparag. 1 of the Attorney-at-Law Act (hereinafter “instant penal provision”).
The legislative purpose of Article 109 subparagraph 1 of the same Act is to prevent the abolition of a suit, mediation, settlement or other means by regulating the evasion of law, preventing harm to the interests of the people in legal life, and ensuring the fair and smooth operation of the civil judicial system, and prohibiting a person specified in the law from taking over another's rights for business purposes at a cost or without compensation and implementing it by taking advantage of the court.
In addition, the instant penal provision is intended to achieve the significant public interest by prohibiting a person not authorized as having expertise and objective reliability necessary for dealing with legal affairs from engaging in the act of repeatedly and continuously lending another person's right after having taken over another person's right, and practically using another person's right.