logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.02.02 2016고정57
법무사법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A defendant shall not lend his certified judicial scrivener registration certificate.

From October 2010 to June 2012, the Defendant leased the registration certificate of a certified judicial scrivener from the office of Bupyeong-gu Incheon Bupyeong-gu D 2nd to E (Death on April 4, 2014) and received KRW 3 million per month from E in return.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G and H;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Some statements concerning E in the police interrogation protocol;

1. Statement made to I by the police;

1. Each investigation report (the sequence 11, 16, 18, 19);

1. Application of Acts and subordinate statutes reporting investigation results;

1. Relevant legal provisions of the Act and Articles 72 and 21 (2) of the Judicial Act concerning the selection of punishment for a crime.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. As the alleged defendant appeared almost every day in a certified judicial scrivener office and actually participated in the affairs of a certified judicial scrivener, he lent the certified judicial scrivener registration certificate to E.

shall not be deemed to exist.

2. The term "loan of a certified judicial scrivener registration certificate" under Article 21 (2) of the Judicial Act refers to lending a certified judicial scrivener registration certificate itself with the knowledge that other person is performing his/her duties as a certified judicial scrivener by using his/her certified judicial scrivener registration certificate (see Supreme Court Decision 2002Do1226, May 10, 2002). Here, "a person without a qualification as a certified judicial scrivener is performing his/her duties" is not only taking the name of his/her certified judicial scrivener and then taking the name of his/her certified judicial scrivener and then making it most as if he/she is the certified judicial scrivener, but also a certified judicial scrivener is not involved in the number of acceptance cases or duties of his/her disqualified person but also performing all duties of a certified judicial scrivener on his/her own account (including Supreme Court Decision 2007Do4894, Sept. 11, 2008; 207Do4894, Dec. 7, 2006).

arrow