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(영문) 대구고등법원 2014.05.22 2012노516
변호사법위반
Text

The judgment below

Part concerning Defendant B and C shall be reversed.

Defendant

B Imprisonment with prison labor of one and half years, and Defendant C.

Reasons

1. Although the summary of the grounds for appeal cannot be deemed to have formed a joint business preparation relationship with Defendant B, C, and R with the aim of commencing a long-term brain cultivation project (hereinafter “instant project”), the lower court concluded a loan agreement with respect to state forests and received government funds on the premise that such relationship has been formed between the above Defendants and R, and acquitted Defendant A of the whole facts charged in the instant case on the ground that duties, such as concluding a loan agreement with respect to state forests and receiving government funds, do not constitute “cases or affairs handled by public officials” under Article 111 of the Attorney-at-Law Act as joint business with the said Defendants.

Therefore, the court below erred by misapprehending the legal principles on "cases or affairs handled by public officials" under Article 111 of the Attorney-at-Law Act, which affected the conclusion of the judgment, or by failing to attach the grounds for the judgment

2. Determination

A. The summary of the facts charged is from around 1996 to the assistant role of H members of the National Assembly, and from around 2000 to around 2004 to the following persons: (a) Defendant C joined as a member of the Mparty in around 2000 to work as a severe policy warning for the M Party Election in around 2007; and (b) Defendant A works as N of the Nutrition of the Dandong-gu Dandong-gu N of the Dandong-gu Dondong-gu Donbuk-si in the 2007.

Defendant

B From around April 2009, at the “O restaurant” located in the Gyeongju-gun, Gyeongbuk-gun, a place suitable for Defendant A to grow cerebral ginseng, or State forests owned by the State, and Qu is not entitled to a loan of the said forest in a normal way if R has a d having a frisome growth technology due to a fluoral forest loaned by Defendant A from March 2023, 209, and Defendant A would make a request with Defendant C to resolve the said loan problem.

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