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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Fact-finding or misapprehension of legal principle is merely an agreement between the complainant and the creditors on the conditions of withdrawal of auction with respect to the auction of this case, and it does not constitute an act prohibited in Article 109 of the Attorney-at-Law Act.
B. The lower court’s sentence of unreasonable sentencing (two years of suspended execution for six months of imprisonment, additional collection of twenty thousand won,000 won) is too unreasonable.
2. Determination
A. Providing advice or information on substantive and procedural matters related to a legal dispute concerning a mistake of facts or a misapprehension of legal principles, or offering advice or assistance on the legal and factual matters necessary for the resolution thereof constitutes legal counseling under Article 109 subparagraph 1 of the Attorney-at-Law Act.
(See Supreme Court Decision 2004Do6676 Decided May 27, 2005). Article 78 Item 2 of the former Attorney-at-Law (amended by Act No. 4544 of March 10, 1993) of the former Attorney-at-law Act (amended by Act No. 4544 of March 10, 199), and Article 90 Item 2 of the current Attorney-at-law Act as an act of dealing with a case on behalf of the principal with respect to a legal case, which includes a factual act pertaining to the settlement of dispute, does not necessarily include the scope of concept in a civil and criminal lawsuit, and it is not always the same as that in a civil and criminal lawsuit, there is a doubt or doubt about legal rights and duties, or in the general public of the case pertaining to the occurrence of new rights
(See Supreme Court Decision 95Do1244 delivered on April 26, 1996). In light of the above legal principles, the following circumstances can be acknowledged according to the evidence duly adopted and examined by the court below and the court below.
① In addition, the Defendant explained to the complainant that it is possible to withdraw two auction cases in connection with the instant I real estate owned by the GUnion corporation operating the complainant, as well as to sell the said real estate, and the J President K and K, who is the auction creditor.