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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Since the Defendant (misunderstanding of facts and improper sentencing) directed and supervised the Defendant D, E, etc., the Defendant cannot be deemed to have allowed the use of the attorney’s name under Article 34(3) of the Act (affirmative). Even if not, Articles 109 subparag. 2 and 34(3) of the Defense Act do not punish the case where an attorney-at-law has allowed the use of the attorney’s name to his/her office worker, so allowing the Defendant to use the Defendant’s name to D, who is an office worker, does not constitute a violation of the above provision (II. 2). 2) Additional value tax, income tax, etc. paid by the Defendant is not subject to additional collection, and thus should be deducted from the amount of additional collection (see, e.g., Supreme Court Decision 3).
B. The first deliberation type of the prosecutor (unfair sentencing) (two years of suspended sentence in one year of imprisonment) is too unhued and unfair.
2. Determination:
A. According to evidence duly adopted and examined by the first instance court (Defendant 1) on the argument I, following the following: (i) around October 201, D agreed to pay a certain amount of money to the defendant for personal rehabilitation, bankruptcy, etc. in the name of the defendant using some space of the general law office B operated by the defendant in the name of the defendant; (ii) D collected individual rehabilitation and bankruptcy clients through an advertisement or F, etc., and (iii) concluded a business partnership with the lending company to arrange the lending company to the clients who are not capable of paying the fees; and (iv) conducted consultation, preparation of legal documents, loan companies mediation, etc. at the individual rehabilitation team by employing E, etc. to arrange the lending company; and (iii) D agreed to determine the case acceptance fees of the individual rehabilitation team and concluded a contract for the acceptance fees of the case; and (iv) the individual rehabilitation and bankruptcy expenses, such as the payment of the fees for personal rehabilitation and the service fees, etc., in the course of the bankruptcy case preparation and bankruptcy procedure.