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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).