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(영문) 서울중앙지방법원 2017.01.13 2016노3577
변호사법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the joint crime committed by the misunderstanding of facts or misapprehension of legal principles, illegality is dismissed as it constitutes “the preparation and submission of documents to be submitted to the court” permitted under Article 2(1)1 and 6 of the Certified Judicial Scriveners Act, etc.

Even if the Defendants’ act was in excess of the permissible scope of duty under Article 2 of the Judicial Act

Even if there is a violation of Article 73 (1) 2 of the Judicial Act, it is only established.

Then, the Defendants’ act may be prohibited pursuant to Article 109(1) of the Defense Justice Act.

Even if the first instance court did not make a clear judgment through a faithful hearing of facts as to whether it falls under the case.

B. Each sentence sentenced to the first instance court's unfair sentencing (Defendant A: 2 years of suspended sentence and additional collection of 310,400,000 won in the year one year and two months of imprisonment, and Defendant B: 2 years of suspended sentence and additional collection of 109,60,000 won in the month two years of suspended sentence and eight months of imprisonment) are too unreasonable.

2. Determination

A. Determination on the misunderstanding of the facts or misapprehension of the legal principles 1) The legal affairs of the legal affairs of the legal affairs of the legal affairs shall be based on Article 2(1) of the Act, which is delegated by others, <1> the preparation of documents submitted to the court and the public prosecutor's office, <2> preparation of documents related to the affairs of the court and the public prosecutor's office, ③ preparation of registration or other documents necessary for application for registration, ④ proxy for application for registration, ⑤ consultation on the acquisition of property in the auction case under the Civil Execution Act and the public auction case under the Act on the Collection of National Taxes and other Acts and subordinate statutes, ⑤ proxy for application for registration, and ④ submission of documents prepared under the above (1) through (3) proxy for submission of documents, 7 affairs related

A certified judicial scrivener under Article 21 (1) of the same Act shall participate in a litigation or other dispute case with another person in excess of the scope of his/her affairs.

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