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(영문) 춘천지방법원 2018.01.31 2017노1040
변호사법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as a misunderstanding of fact, cooperates with D in recovering the claim for construction price of D F church, and received KRW 10 million from C

Even if the Defendant did not agree to receive the payment for resolving the dispute between D and F church, the Defendant did not receive KRW 10 million in return for arbitration of legal affairs.

Nevertheless, the judgment of the court below which found the defendant guilty of violating the defense justice is erroneous in the misapprehension of facts.

B. The punishment of the lower court (a year of imprisonment, an additional collection of KRW 10 million) is too unreasonable.

2. Determination

A. Although the lower court also asserted the same purport, the lower court found the Defendant guilty of the facts charged of this case by comprehensively taking account of the evidence duly adopted and examined, and rejected the Defendant’s aforementioned assertion on the grounds of detailed reasons.

In light of the following legal principles, the lower court’s judgment that found the Defendant guilty of this part of the facts charged is justifiable, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment by misapprehending the legal principles.

subsection (b) of this section.

The duties of an attorney-at-law are to conduct legal affairs widely in accordance with the mission of protecting fundamental human rights and realizing social justice. Thus, the legal affairs of a non-legal practitioner are to strictly limit the qualification of an attorney-at-law in the defensive justice, to ensure that he/she complies with the regulations necessary for the good faith and proper performance of his/her duties. If a person who does not comply with the regulations neglects to intervene in another person's legal cases in order to obtain money, valuables and other benefits from the beginning, thereby impairing the interests of the parties and other interested persons, hindering the fairness of legal life, and disrupt the smooth operation of legal affairs.

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