The meaning of lending a certificate of registration under Article 21 (2) of the Certified Judicial Scriveners Act

A lending of a certified judicial scrivener registration certificate under Article 21 (2) of the Certified Judicial Scriveners Act refers to lending a certified judicial scrivener registration certificate itself with knowledge that other person conducts affairs as a certified judicial scrivener by using his/her certified judicial scrivener registration certificate, and even if a third party, who is disqualified, invests funds and allows him/her to use his/her registration certificate in registering his/her office in the name of the certified judicial scrivener, if he/she actually participates in performing affairs at the certified judicial scrivener office after registration, and actually participates in performing affairs at the certified judicial scrivener office, the lending of the certified judicial scrivener registration

Articles 21(2) and 72 of the Certified Judicial Scriveners Act

A

Defendant

Attorney B

Busan District Court Decision 2001No2926 delivered on February 19, 2002

The judgment of the court below is reversed, and the case is remanded to Busan District Court Panel Division.

1. According to the reasoning of the judgment of the court below and the judgment of the court of first instance as cited by the court below, the court below acknowledged that the defendant, a certified judicial scrivener on July 27, 199, agreed to lend the certificate of certified judicial scrivener in return for the rent of KRW 3,500,000 from the office of Non-Indicted 507, Jung-gu, Seoul, Jung-gu, Seoul, to Non-Indicted Da and E on July 27, 199, and lent the certificate of certified judicial scrivener under the name of the defendant to the Dong from November 28, 200. Since the defendant's act constitutes "a case of lending to other person" under Article 21 (2) of the Certified Judicial Scriveners Act, the court below judged that it constitutes "a case of lending to other

2. However, the lending of a certified judicial scrivener registration certificate under Article 21 (2) of the Certified Judicial Scriveners Act refers to the lending of a certified judicial scrivener registration certificate itself even though other person knows that he/she intends to engage in a certified judicial scrivener business by using his/her certified judicial scrivener registration certificate, and even if a third person, who is disqualified, invests funds and allows him/her to use his/her registration certificate in the registration of a certified judicial scrivener office in the name of such certified judicial scrivener office, if the certified judicial scrivener himself/herself has actually engaged in a certified judicial scrivener business while performing his/her affairs at such office after registration,

According to the records, the defendant can be recognized that E and D invested funds, and registered under the name of the defendant to work daily in the office of a certified judicial scrivener and to work in the office of a certified judicial scrivener and to work in the office of a certified judicial scrivener during a closed day. Thus, although E, etc. has been responsible for maintaining and managing the above office, it is difficult to view that the defendant lent the certified judicial scrivener registration certificate to E, etc. even if he used the certified judicial scrivener registration certificate under the name of the defendant when he reported the above office.

Nevertheless, the court below did not consider whether the defendant had been actually involved in the operation of a certified judicial scrivener, such as performing regular duties in the above office and having been actually engaged in the operation of a certified judicial scrivener. On the grounds stated in its reasoning, the court below erred by violating the rules of evidence and failing to exhaust all deliberations, or by misunderstanding the legal principles concerning the lending of a certified judicial scrivener registration certificate. Thus, the ground of appeal pointing this out is with merit.

3. Therefore, without examining the remaining grounds of appeal, the judgment of the court below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Song Jin-hun (Presiding Justice)