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(영문) 부산지방법원 2013.07.03 2012고단10805
법무사법위반
Text

Defendants shall be punished by a fine of KRW 10,000,000.

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

Defendant

A is a certified judicial scrivener registered in Busan Local Certified Judicial Scriveners Association under the Korean Certified Judicial Scriveners Association, and the defendant B is a person who has worked in E office in Busan Local Judicial Scriveners Association (D. 402).

1. No person who has been a certified judicial scrivener shall lend his/her registration certificate;

Nevertheless, from April 4, 2007 to April 30, 2012, the Defendant: (a) received KRW 3.50,000 per month from B operating the “E office” in Article 402 of the D Building in Busan Metropolitan Government; and (b) lent the certificate of registration of a certified judicial scrivener.

2. Defendant B

(a) No person who borrows legal free registration certificate shall lend the registration certificate of a certified judicial scrivener;

Nevertheless, from April 4, 2007 to April 30, 2012, the Defendant operated the “E Office” under Article 402 of the Doll Building 402, Busan, and borrowed the registration certificate of a certified judicial scrivener at KRW 3350,00 per month from a certified judicial scrivener.

(b) A person who is not a certified judicial scrivener shall not engage in affairs concerning preparation of registration and other documents necessary for application for registration, and affairs concerning application for registration or deposit in accordance with Article 2 of the Certified Judicial Scriveners Act;

Nevertheless, as described in the above 2-A, the Defendant, while operating a certified judicial scrivener office on January 4, 2010, managed F’s affairs related to additional establishment of mortgage and received fees of KRW 231,000,00 from around that time to April 30, 2012, managed 2,385 affairs and other affairs related to registration as stated in the list of crimes, and received fees of KRW 784,831,178 as a business of a certified judicial scrivener.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect interrogation of each of the Defendants

1. A written accusation;

1. Protocol concerning the examination of suspect of G;

1. Application of Acts and subordinate statutes of the Ministry of Justice (2010, 2011, 2012)

1. Relevant Article of facts constituting a crime and defendant A who has selected punishment: the former part of Article 72 and Article 21(2) of the Certified Judicial Scriveners Act, the circumstances where the defendant selected a fine has lent the name of a certified judicial scrivener, the degree of involvement in the office, and all facts constituting a crime from the beginning.

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