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(영문) 대전지방법원 2018.05.16 2017노1969
법무사법위반등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

Defendant B had worked in the office every day to manage and supervise the registration-related affairs in charge of Defendant A, M, and G, who is an employee under his jurisdiction. As such, Defendant B lent the registration certificate of a certified judicial scrivener to Defendant A, or Defendant A borrowed the registration certificate of a certified judicial scrivener from Defendant B, and Defendant B borrowed the registration certificate of a certified judicial scrivener from Defendant B.

Although this part of the facts charged cannot be seen, the court below erred by misunderstanding the facts and misunderstanding the legal principles.

The punishment sentenced by the court below to the defendants (for defendant A: one year of imprisonment, two years of probation, two years of community service, 120 hours of imprisonment, eight months of imprisonment, and two years of probation) is too heavy or unreasonable.

Judgment

The lower court, on the part of the Defendants’ assertion of mistake and misunderstanding of the legal doctrine, stated the detailed reasons and acknowledged this part of the facts charged, with respect to this part of the Defendants’ assertion in detail.

In full view of the following facts and circumstances admitted by the original judgment and the evidence duly admitted and investigated by the first instance court, the lower court’s decision is justified, and the Defendants’ assertion of mistake of facts is without merit.

1. In terms of external status relationship, A represents and bears all responsibilities for a certified judicial scrivener office B, but inside and outside the status relationship between A and B, not vertical relationship between A and B’s user and his employees, but has equal business status in which B participates in the management right and engages in financial management;

2. Dividends B shall be distributed in 3,00,000 won as the top priority from the monthly revenue amount, and the amount of various taxes and public charges, fees and pensions (2,00,000 won per month) payable at the office after the occurrence of the remaining amount shall be deducted from the balance amount.

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