The meaning of "a case under investigation by an investigative agency established by Acts and subordinate statutes" under the latter part of Article 78 (2) of the Attorney-at-Law Act.

In the latter part of Article 78 (2) of the Attorney-at-Law Act, the term "a case of investigation being conducted by an investigative agency established by the Acts and subordinate statutes" refers to the fact that participation in the procedure of investigating or coordinating the rights and duties or legal relations of a private person falls under the position of an attorney-at-law dealing with legal affairs. Therefore, the real estate market price appraisal service conducted by the Korea Appraisal Board does not fall under

Subparagraph 2 of Article 78 of the Attorney-at-Law Act

Defendant 1 and one other

Defendants

Msan District Court Decision 85No656 delivered on December 13, 1985

The judgment below is reversed in its entirety, and the case is remanded to Masan District Court Panel Division.

The defendants' grounds of appeal are examined.

Upon examining the judgment of the court below and the judgment of the court of first instance maintained by the court below, the court below decided that Defendant 1, who is not an attorney-at-law, promised to receive money and valuables from the victim Kim Jong-ro (hereinafter referred to as the "building, as shown in the judgment of the court below) to purchase the above building at the same time and at the same time as the judgment of the court below, he was requested to conduct market appraisal of the above building, and that the above defendant submitted a written request for market price appraisal under the name of the defendant at the place of Mountainous District, a corporation at Korea Appraisal Institute, and received an appraisal report from the above appraiser, and delivered money and valuables to the victim as stated in the judgment, and then, received the above appraisal report as stated in the judgment of the court below, the above series of acts shall be deemed as representing the victim, and thus, the above defendant shall be deemed as a crime of Article 78 subparagraph 2 of the Attorney-at-Law Act, and the defendant 2 shall be deemed as aiding

However, the penal provisions of Article 78 subparagraph 2 of the Attorney-at-Law Act regulate and regulate the acceptance of legal affairs by a person who is not an attorney-at-law. According to the provisions, the person, other than an attorney-at-law, receives or promises to receive money, valuables, entertainment or other benefits, or provides or promises to provide it to a third party, shall be punished.

However, in comparison with the former provisions, the participation in the procedure in the process of investigating or coordinating the rights and duties or legal relations of a private person in the public law or private law is in the position of an attorney-at-law dealing with legal affairs.

According to the relevant provisions of the Act on Appraisal and Assessment, the Korea Appraisal and Assessment Board is a corporation engaged in the appraisal business for objects of appraisal, and it can be seen that not only the owner of objects but also the third party may request the appraisal of real estate. Thus, the real estate market price at the above Korea Appraisal Board's real estate appraisal business cannot be "a case under investigation conducted by an investigation agency established under the relevant Acts and subordinate statutes" as stipulated in Article 78 subparagraph 2 of the Attorney-at-Law Act. Furthermore, since the request for appraisal was made in its own name, it cannot be said that the victim was represented for the above appraisal case.

In the end, the court below judged that the defendants' act constitutes a criminal act under Article 78 subparagraph 2 of the Attorney-at-Law Act, which has affected the conclusion of the judgment.

The grounds for appeal are justified.

Therefore, the judgment of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-sik (Presiding Justice)