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(영문) 부산지방법원 2018.11.28 2017고정674

변호사법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around 20:00 on April 29, 2016, the Defendant phoneed to C’s mobile phone, a member of “B” Internet Kafin, and talked to D(Kafin, E) .

B. The law also has been affected by international marriage damage, and the law is an expert who is well aware of it, and the case is paid to C again, and following the day, the following month is called "A person who is responsible for the payment of the case, who is sent to D, who is written a letter of complaint, shall submit a complaint to D, who is a joint plaintiff, and B, who is a joint plaintiff, who is in need of activity expenses and recording expenses, shall be submitted as activity expenses, from the victim on May 1, 2016 to the Busan Bank Account (F) account of the defendant in Busan, who is 80,000 won in terms of activity expenses and recording expenses.

6. The remittance was received in total of 1,350,000 won, including KRW 300,000 and KRW 250,000,00.

As a result, the defendant, who is not a lawyer, received money from the victim and handled legal affairs such as filing a complaint against the victim of international marriage brokerage or providing legal counseling in filing a civil lawsuit.

Summary of Evidence

1. The legal statement of the witness C;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against C;

1. Details of attachment and withdrawal transactions;

1. A criminal investigation report (No. 18 of the evidence list No. 109 of the Act) [Article 109 of the Act provides for penal provisions concerning the act of legal affairs in which a person, other than an attorney-at-law, receives or promises to receive money, valuables, entertainment or other benefits. When the defendant simply received reimbursement for actual expenses related to legal affairs, the defendant received benefits under the above provision;

Nor can it be viewed (see, e.g., Supreme Court Decision 2008Do1655, Apr. 11, 2008). However, the legislative purpose of the above Article is to prohibit a person, other than an attorney-at-law, to engage in legal affairs for a fee. Thus, in full view of various circumstances, such as the content of legal affairs, details and scale of expenses, and the process of giving and receiving profits, the Defendant’s economic benefits as consideration for legal affairs.