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(영문) 서울북부지방법원 2018.01.12 2017고정1605

변호사법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person, other than an attorney-at-law, shall receive money or valuables and handle legal counseling, preparation of legal documents, or other legal affairs concerning a litigation case, etc.

On July 7, 2016, the Defendant, despite being not an attorney-at-law, was transferred KRW 515,00 from E to the Defendant’s Nonghyup Bank account in return for preparing a complaint claiming collection money against the third debtor D based on the claim seizure and collection order of KRW 19015, 2015, the Jung-gu Seoul Central District Court (Seoul Central District Court) around July 7, 2016, and received approximately KRW 66,00,000 from D around July 2016.

Accordingly, the defendant received money and valuables, and dealt with legal affairs on litigation cases.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the prosecution and the police concerning E;

1. Application of Acts and subordinate statutes to prepare a complaint and a detailed statement of admission and withdrawal;

1. Relevant Article of the Act concerning facts constituting an offense and subparagraph 1 of Article 109 of the Act (Selection of Penalty) by an attorney at the option of a punishment;

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

1. The proviso to Article 116 of the Act;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;