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(영문) 대전지방법원 2016.12.22 2016노1863
변호사법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The part of the court below's decision that the defendant paid the legal affairs is not the profit of the defendant, so it cannot be punished for violation of the Attorney-at-Law

B. The lower court’s sentence of unreasonable sentencing (a fine of five million won, additional collection) is too unreasonable.

2. Judgment on misapprehension of legal principles

A. Although the Defendant is not an attorney-at-law, on September 22, 2014, at the office of the Defendant in the fifth floor of Daejeon Daejeon Daejeon Daejeon Daejeon Daejeon District Court accepted real estate provisional attachment, claim for damages, and criminal complaint cases from D, the sum of KRW 3,820,290 on the same day in terms of litigation costs and fees, etc., and KRW 4,820,290 on the first day of November 2014, the sum of KRW 1,000,000 for the first day of November 2014, the Defendant received KRW 4,820,290 from the Defendant’s his/her his/her father’s father’s E bank account. On October 21, 2014, the Defendant prepared an application for provisional attachment of real estate and received the application for provisional attachment of real estate from the Daejeon District Court to the Seoul District Court on November 17, 2014, prepared the application for damages from the said court around 2014, and received the instant complaint from the Seoul Police Station around 14.

As a result, the defendant received money and valuables from a person who is not an attorney-at-law, and represented a litigation case and investigation case.

B. The lower court found the Defendant guilty of the facts charged by compiling the evidence as indicated in its judgment.

C. However, it is difficult to accept the judgment of the court below in the following respect. (2) Article 109 subparagraph 1 of the Attorney-at-Law Act provides that an act of receiving money, goods, entertainment, or other benefits or an act of promising to do so shall be punished. In light of the legislative purport of the above Act that prohibits non-legal practitioners from handling legal affairs, the term “interest” under the above provision is more economical than compensation for actual expenses.

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