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(영문) 전주지방법원 2016.01.15 2015노1208
법무사법위반등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (Defendant A: one year of imprisonment, two years of suspended execution, two years of community service order, five million won of additional collection, one year of imprisonment, two years of suspended execution, two years of suspended execution, one year of imprisonment, four months of suspended execution, one year of suspended execution, and one hundred and twenty hours of community service order) is too unreasonable.

B. Defendant A and B (1) misunderstanding of the facts and misunderstanding of the legal principles (as to the facts charged of violation of the law of justice), Defendant B was actually involved in the affairs of a certified judicial scrivener; Defendant A and C did not lend the registration certificate of a certified judicial scrivener; Defendant A had been engaged in the affairs of

Even if this is borrowed from the name of a certified judicial scrivener, it cannot be viewed as borrowing the certificate of registration of a certified judicial scrivener.

(2) The lower court’s improper sentencing is too unreasonable.

(c)

Defendant

C The sentence of the lower court is too unreasonable.

2. Determination

A. Determination on the misunderstanding of facts and misapprehension of legal principles (1) The lending of a certified judicial scrivener registration certificate under Article 21 (2) of the Judicial Act refers to the lending of a certified judicial scrivener registration certificate itself with the knowledge that other person is going to practice as a certified judicial scrivener by using the certified judicial scrivener registration certificate. Here, “legal practice” means not only the act of a disqualified person who takes the name of the certified judicial scrivener but also the act of pretending as the certified judicial scrivener himself after taking the name of the certified judicial scrivener. In addition, instead of giving a certain amount to a certified judicial scrivener, the certified judicial scrivener does not participate in the number of cases or duties performed by the disqualified person, but all duties performed by the disqualified person as a certified judicial scrivener on his account (see Supreme Court Decision 2007Do4894, Sept. 11, 2008) and the judgment of the court below and the judgment of the court below are duly adopted and investigated by evidence, i.e., the following circumstances acknowledged from around 100 to the office of the certified judicial scrivener from around 2009.

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