The case holding that an act of comprehensively processing all of the necessary business affairs until the case is closed after receiving the fees per case for personal bankruptcy and exemption cases and individual rehabilitation cases constitutes an act of dealing with legal affairs provided for in Article 109 subparagraph 1 of the Attorney-at-Law Act.

Subparagraph 1 of Article 109 of the Attorney-at-Law Act

Defendant

Defendant

Attorney Kim Hong-won

Daegu District Court Decision 2006No317 Decided June 16, 2006

The appeal is dismissed.

Examining the evidence adopted by the judgment of the court below and the court of first instance as cited by the court below in light of related Acts and the records, the court below's act of Co-defendant 1, etc. receiving fees of KRW 770,00 or KRW 90,000 per case and comprehensively processing all necessary business affairs until the case is closed, constitutes an act of dealing with legal affairs under Article 109 subparagraph 1 of the Attorney-at-Law Act. In collusion with Co-defendant 1, etc. of the court below, it is reasonable to punish the defendant who caused Co-defendant 1, etc. to commit the above violation of the Attorney-at-Law Act as co-principal of the crime of violation of the Attorney-at-Law Act, and there is no error in the misapprehension of legal principles as to the scope of a certified judicial scrivener's business and his status as co-principal

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Ji-hyung (Presiding Justice)