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(영문) 서울중앙지방법원 2017.10.11 2017고단1638
법무사법위반
Text

The defendant shall be innocent.

Reasons

1. Notwithstanding the fact-finding that the Defendant is not a certified judicial scrivener, the Defendant was in mind to pay 2.5 million won per month to F who is qualified as a certified judicial scrivener and to establish and operate a certified judicial scrivener office by lending the name of the certified judicial scrivener. The Defendant was in office as the secretary of Seongbuk-gu G building from January 15, 2008 to May 15, 2015 and “F certified judicial scrivener office” in Seoul.

On January 3, 2011, the Defendant delegated the registration of the establishment of a collateral security to the Seoul Central District Court on behalf of the above parties, and received KRW 100,000 from around that time to December 2014, 200 as stated in the list of crimes in the separate sheet of crimes, and received KRW 2,111,714,342 in total under the name of the fee.

Therefore, even though the defendant is not a certified judicial scrivener, the defendant was represented by the application for registration.

2. The evidence submitted by the judgment prosecutor alone that the Defendant actually represented the application for registration, such as the facts charged, on his responsibility and account, without being instructed and supervised by the F judicial scrivener.

The recognition is insufficient, and there is no other evidence to prove it.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act.

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