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(영문) 서울동부지방법원 2018.06.15 2018고정462

변호사법위반

Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

On April 13, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Law of Defense at the Seoul Northern District Court, and the judgment was finalized on January 25, 2018.

No person, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, handle or arrange such acts with respect to legal cases, such as solicitation, legal counseling or preparation of legal documents, in connection with legal cases, etc.

The defendant is the representative director of the Construction Implementation Company B, and at the above B office in Songpa-gu Seoul and 202 around October 19, 2015, the above B office in Songpa-gu Seoul and 202, and found the appeal procedure after being ruled against the loan claim lawsuit, and found the appeal procedure in the loan claim lawsuit. "It is possible to find out the case of appeal for the loan claim of the party loan in cash in cash in the Suwon District Court, Suwon-gu, Suwon District Court, and handle it within four months.

“In the end, 1.5 million won from the above D on the same day, and 5 million won for each payment received respectively on the following day, and 2.0 million won in total, were prepared, and submitted to the Suwon District Court, the reasons for appeal, reply, etc.

Accordingly, the defendant, not a lawyer, handled legal affairs such as legal counseling or preparation of legal documents in relation to the claim for loans that D became the defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Each report on investigation;

1. A copy of permanent residence, details of letters, and written confirmation of establishment of a mortgage on motor vehicles;

1. Previous records: Application of each written judgment and written decision-making Acts and subordinate statutes;

1. Article 109 of the Act applicable to the facts constituting a crime, Article 109 of the Act, and the selection of fines as an attorney at the option of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. An attorney-at-law for additional collection;

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