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(영문) 인천지방법원 2017.02.15 2016노5163
변호사법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, along with D, selected the landowners to file a lawsuit claiming the increase of compensation for expropriation by obtaining a certified copy of the register of land to be expropriated and entered the personal information of the relevant landowners in the notice and power of attorney-at-law in the form of notice of the above lawsuit and power of attorney-at-law, and did not directly receive the power of attorney sent from the landowners and deliver it to the said attorneys-at-law. Thus, the Defendant arranged for the lawsuit as stated in the facts constituting the facts of the lower judgment.

It is difficult to see it.

B. The punishment sentenced by the lower court to the Defendant (two years of imprisonment and additional collection) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the defendant argued to the same purport in the court of original judgment, and the court below found the defendant guilty of the facts charged in this case with the reasons stated in its reasoning. The term "mediation" under Article 109 subparagraph 1 of the Act refers to the act of mediating or assisting the conclusion of delegation contracts, etc. concerning legal cases or legal affairs between the parties to a legal case and the other party handling legal affairs, such as representation, etc. (see Supreme Court Decision 2001Do970, Mar. 15, 2002, etc.). The reasons stated by the court below are as follows: (i) the defendant prepared an office separate from the above attorney's office in a place separate from the above attorney's office, and has been engaged in the affairs related to the agency of this case, and (ii) the defendant was not a lawyer's office clerk, and (iii) the defendant has been using the office of the above law firm as evidence related to the name of the chief of the office of the law firm, and (iv) the defendant has been accused. 7.7.

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