The defendant shall be innocent.

1. The Defendant is a person charged with claims collection business from April 1, 2008 to November 22, 201.

A person other than a certified judicial scrivener shall not engage in the business of preparing documents and submitting such documents to the court and the public prosecutor's office.

Nevertheless, from July 30, 201 to July 20, 201, the Defendant received a certain amount of money from the Seocho branch office, etc. of the above B Co., Ltd. from around July 30, 201 to July 20, 201, and conducted business of preparing and submitting documents on behalf of the creditors to the Seoul Northern District Court on behalf of the creditors, such as preparing and submitting an application for compulsory execution, etc. on behalf of the creditors.

2. Whether a person, who is not a certified judicial scrivener, is "a business of a certified judicial scrivener" or not shall be determined according to social norms by comprehensively taking into account various circumstances such as the repetition of affairs, continuity of affairs, business nature, etc., and the purpose, size, recovery, period, attitude, etc. of such act. It is also the case where a person, who is not a certified judicial scrivener, continues to perform such affairs with his/her intention to continue such affairs,

(2) In light of the above legal principles and records, the court below held that the Defendant’s payment of the refund money received from the creditors is a kind of money in compensation for actual expenses, and the Defendant’s payment of the refund money received from the creditors is a small amount of money, in light of the following: (a) the Defendant’s payment of the refund money received from the creditors was conducted on behalf of the creditors 44 occasions; and (b) the Defendant’s payment of the refund money received from the creditors is a small amount of money in compensation for actual expenses; and (c) the Defendant’s payment of the refund money received by the Defendant is a small amount of money, solely based on the evidence submitted by the prosecutor.