logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.05.01 2014노7660
변호사법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

5,458,150 won shall be additionally collected from the defendant.

3.2

Reasons

1. Summary of grounds for appeal;

A. Since misunderstanding of facts and misunderstanding of legal principles received KRW 8.5 million from D as costs of handling legal affairs, the Defendant spent approximately KRW 5.8 million among them as costs of litigation, such as stamp, delivery fee, etc. in the nature of actual expenses, this part is not subject to the crime of violation of the Attorney-at-Law Act, and it cannot be additionally collected.

Nevertheless, since the court below rendered an additional collection of the whole amount received from D, there is an error of law by misunderstanding facts or by misapprehending the legal principles on the calculation of additional collection charges under the Attorney-at-Law Act.

B. In light of the fact that the defendant paid 9 million won of the work price of D on behalf of the defendant, and the defendant in good faith dealt with various legal affairs of D, the punishment imposed by the court below (two months of imprisonment and eight hundred and five million won of collection) is too unreasonable.

2. Determination

A. A. A summary of the facts charged of the violation of the Attorney-at-Law Act and the summary of the facts charged of the violation of the Attorney-at-Law Act in the judgment of the court below are as follows: “Around May 20, 2011, at the office of the (main) office of the defendant in the jurisdiction of Suwon-si, the defendant established a settlement recommendation decision against E to receive lease deposit amount of KRW 270,000,000,000,000,000,000 won, and around January 16, 2011, the defendant submitted documents necessary for the auction application for corporeal movables owned by E and submitted them, and the court below convicted the defendant of the violation of the Attorney-at-Law Act as to all of the facts charged, including distribution and return of the lease deposit.”

arrow