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(영문) 서울북부지방법원 2016.09.23 2016노403
법무사법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the case of a case that D accepted by D, the Defendant has been actually involved in and managed as a certified judicial scrivener.

No legal professional who is punished by Articles 72 and 21(2) of the Judicial Act shall be a case where he/she lends his/her registration certificate to another person.

The lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby finding the Defendant guilty.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination:

A. As to the assertion of misunderstanding of facts or misapprehension of legal principles, the lending of a certified judicial scrivener registration certificate under Article 21 (2) of the Judicial Act refers to the lending of a certified judicial scrivener registration certificate itself with knowledge that other person intends to conduct a certified judicial scrivener as a certified judicial scrivener by using the certified judicial scrivener registration certificate (see Supreme Court Decisions 2002Do1226, May 10, 2002). Here, “legal practice” means not only lending the name of the certified judicial scrivener but also conducting affairs of a certified judicial scrivener as if he/she was the certified judicial scrivener, as well as conducting affairs of a certified judicial scrivener as if he/she was the certified judicial scrivener. Instead of giving a certain amount to a certified judicial scrivener, it should be interpreted that the non-qualified person is not involved in the case or affairs of the non-qualified person, but all of his/her duties on his/her account (see Supreme Court Decisions 2006Do2518, Dec. 7, 2006; 200Do497, Sept. 4, 2008).

D has employed employees on his account at the office of the certified judicial scrivener of the defendant and has accepted and dealt with the registration affairs and other cases.

D has exclusively used the new bank account, bank account, and agricultural bank account in the name of the defendant.

D shall be the fees, office fees, etc. for the defendant's qualification as a certified judicial scrivener.

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