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(영문) 전주지방법원 2015.08.21 2014고단2331
법무사법위반등
Text

Defendant

A and B shall be punished by imprisonment with prison labor for one year and by imprisonment with prison labor for four months.

except that from the date of this judgment.

Reasons

Punishment of the crime

Defendant

B is a certified judicial scrivener who had been operating a certified judicial scrivener office in the Jeonjin-gu Seoul Special Metropolitan CityJ, and Defendant A is a person who works as a certified judicial scrivener office in B from October 2006 to Defendant C is a person who worked as a certified judicial scrivener office in B from April 2010 to February 2012.

1. No defendant B and a certified judicial scrivener A shall lend his/her registration certificate to any other person, and no person shall lend his/her registration certificate to any other person;

Nevertheless, at the above certified judicial scrivener office around December 2008, the Defendants independently accepted the case and dealt with it in the name of the Defendant B, and paid the amount equivalent to KRW 1 million to the Defendant B every month from the fees received from the mandators, and agreed to pay the office operating expenses, all expenses related to the duties, value-added tax, income tax, and four major premiums of Defendant A to be paid by the Defendant A in the course of performing the duties.

Defendant

A, around January 5, 2009, entrusted the affairs related to the registration of the establishment of a right to collateral security by K to process them in the name of Defendant B, and received fees from K after independently accepting the case from October 2014 by not later than receiving transfer of KRW 990,000 from K. In return, around January 30, 2009, A paid KRW 1,00,000 to Defendant B as shown in the annexed crime list from around that time to October 30, 2014, and paid KRW 8,950,000 as management expenses.

Accordingly, Defendant B lent the certified judicial scrivener registration certificate to Defendant A, and Defendant A lent and used Defendant B’s certified judicial scrivener registration certificate.

2. No person shall lend his/her registration certificate to any other person, and no person shall lend his/her registration certificate to any other person;

Nevertheless, around April 2010, the Defendants are the cases independently by Defendant C at the above certified judicial scrivener office.

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