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(영문) 대구지방법원 포항지원 2016.04.27 2015고정155
법무사법위반등
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a certified judicial scrivener who has an office in Ulleung-gun D.

No certified judicial scrivener shall receive remuneration in excess of the remuneration standards under the rules of the Korean Certified Judicial Scriveners Association.

On March 28, 2011, at the office of the defendant, the defendant requested the registration of transfer of ownership of the land and the building on the land of Ulsan District F, and received delivery of KRW 150,00,00 as basic remuneration exceeding KRW 70,000 according to the remuneration standards.

Summary of Evidence

1. Statement of the defendant in the first trial record;

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

1. Application Form;

1. Notification of the conclusion of remuneration agreements with the Korean Certified Judicial Scriveners Association;

1. Application of Acts and subordinate statutes to investigation reports (attached to a reply from the Daegu-Seoul Regional Certified Judicial Scriveners Association);

1. Relevant legal provisions of the Act and Articles 73 (2) and 19 (3) of the Judicial Act concerning the selection of criminal facts, and the selection of fines;

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

1. The amount received by the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is the small amount and the total amount refunded, as a certified judicial scrivener’s law was amended on February 3, 2016 by Act No. 13953, the instant penal provision was deleted, and the enforcement of the penal provision is prior to August 4, 2016, and all of the sentencing factors indicated in the pleadings of the instant case shall be determined as ordered by the order, taking into account the following factors.

The acquittal portion

1. Summary of the facts charged

A. On July 2014, the Defendant, upon the submission of the written accusation, drafted a written accusation against G, H, and I at the office of the above Defendant’s Defendant, who was in the lower court.

The written accusation states that “The defendant G, who is a certified judicial scrivener, shall pay the loan fee under the name of the defendant H and the defendant I, who is a certified judicial scrivener, and shall lend the registration certificate under the name of the certified judicial scrivener, and thus, the act of lending the registration certificate of the certified judicial scrivener by the defendant is punished.”

However, fact is that G is employed by H and I as a clerical staff, and it does not lend a certified judicial scrivener registration certificate from them.

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