beta
Text
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
except that this shall not apply.
Reasons
1. Summary of grounds for appeal;
A. A. Re-market based on the database of purchase history through the media, such as misconception of facts and misapprehension of legal principles, is one of the universal marketing methods used in the field of rehabilitation, etc., and its structure differs from the two issues of the hub of the case regulated by the Attorney-at-Law Act. Therefore, it is not necessary to regulate, and rather is structurally identical to advertisements regulated by the Attorney-at-Law Act. Thus, the defendant's act does not constitute a violation of the Attorney-at-Law Act, since it does not constitute a violation of the provisions of the Attorney-at-
The defendant did not understand that attracting activities using telemarkets violate the Attorney-at-Law Act, and did not know that the costs paid to telemarkets are merely marketing costs, but did not know that it was paid in return for mediating acceptance of legal cases.
B. The lower court’s sentence of unreasonable sentencing (two years of suspended sentence for ten months of imprisonment) is too heavy.
2. Determination
A. The Attorney-at-Law Act prohibits an attorney-at-law or his/her office staff from providing money and other valuables in return for introduction, good offices or inducement in connection with the acceptance of legal cases or legal affairs.
(Article 34(2). In this case, the term "mediation" means the act of mediating or promoting the conclusion of delegation or contract, etc. with respect to legal cases or legal affairs bilaterally between a party to a legal case and the other party who deals with legal affairs, such as representation, etc. in the case.
In addition, the intention, which is a subjective element of the elements of crime composition necessary to punish the violation of the Attorney-at-Law Act, is to refer to the perception that the person himself/herself provides money and valuables in return for the mediation of the case.