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(영문) 광주지방법원 2019.09.25 2019노628
변호사법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to paragraph (1) of the crime of this case, the defendant prepared a document of agreement in accordance with C's instruction, and the defendant cannot be deemed to have conducted arbitration as to the investigation case, and in relation to Paragraph (2) of the crime of this case, the defendant is merely an agent for the transfer of the right to sell land in accordance with C's instruction and cannot be deemed to have acted as an agent for the general legal case.

Therefore, the defendant's act is within the scope of the affairs of certified judicial scrivener under the Certified Judicial Scriveners Act.

(2) Even if the defendant's act was exceeded the scope of a certified judicial scrivener's affairs, it shall be punished pursuant to Article 73 (1) of the Certified Judicial Scriveners Act, not Article 109 (1) of the Attorney-at-Law

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, two years of suspended execution, additional collection of KRW 98460,00) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the defendant cannot be exempted from the liability for a crime of violation of Article 109 subparagraph 1 of the Attorney-at-Law Act, in full view of the determination of the misapprehension of the legal principle's assertion.

Therefore, the judgment of the court below is just and it cannot be said that there is an error of law as alleged by the defendant.

(1) Each subparagraph of Article 2 (1) of the Certified Judicial Scriveners Act limits the preparation of documents submitted to the court and the public prosecutor's office with regard to affairs of a certified judicial scrivener, preparation of documents related to affairs of the court and the public prosecutor's office, etc., and thus does not include arbitration of a complaint case or proxy of a general law case. Furthermore, Article 21 (1) of the Certified Judicial Scriveners Act strictly limits the scope of affairs by providing that "No certified judicial scrivener shall participate in other person's

A certified judicial scrivener shall give appropriate explanation or advice to the persons concerned of the case within the scope related to the handling of duties prescribed by the Certified Judicial Scriveners Act.

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