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(영문) 대법원 2015.07.09 2014도16204
변호사법위반
Text

The judgment below

Among them, the remainder except for the violation of the Attorney-at-Law Act against C shall be reversed, and this part shall be reversed.

Reasons

The grounds of appeal are examined.

1. Whether acts of fact-finding and acts of collecting data fall under legal affairs;

A. The lower court determined that the Defendant’s act of investigating facts and the act of collecting data does not constitute “appraisal” or “agent” under Article 109 subparag. 1 of the Attorney-at-Law Act, and that the Defendant’s act of receiving expenses from clients while conducting fact-finding and collecting data does not constitute a violation of the Attorney-at-Law Act

B. Article 109 Subparag. 1 of the Attorney-at-Law Act provides for penalties for acts of legal service in connection with litigation cases, etc., and the above provision is a type of legal service prohibited under the foregoing provision, which provides the comprehensive phrase “other legal service” after the examination, representation, arbitration, reconciliation, solicitation, legal consultation, preparation of legal documents, etc.

The term "other legal affairs" referred to in the above Article refers to the processing of matters that generate, alter or alter legal effects and the preservation of legal effects or the processing of matters that preserve or clarify legal effects, as well as the direct generation, modification, extinguishment, preservation and identification of legal effects, and acts related to the above acts also constitute "other legal affairs."

(See Supreme Court Decision 2009Do4482 Decided October 15, 2009, etc.). C.

The judgment below

Examining the following facts based on the grounds and evidence in light of the aforementioned legal principles, the act of fact-finding and the act of collecting data by the accused constitutes an act related to the creation, modification, preservation, and clarification of legal effects. Therefore, the above act constitutes "other legal affairs" under Article 109 subparagraph 1 of the Attorney-at-Law Act

1) When the defendant was requested by the clients of this case, the clients of the civil case and the criminal case were pending, or the investigation by the investigative agency was being conducted. 2) The defendant is still under investigation.

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