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(영문) 서울중앙지방법원 2017.6.8. 선고 2017고합446 판결

변호사법위반

Cases

2017Gohap446 Violation of the Attorney-at-Law Act

Defendant

A

Prosecutor

Kim Yong-ran (prosecution), Park Jong-chul (Trial)

Defense Counsel

Law Firm (LLC) B

Attorney C

Imposition of Judgment

June 8, 2017

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

71,500,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge shall be ordered to be paid provisionally.

Reasons

Criminal facts

From October 1, 2006 to May 15, 2010, the Defendant served as an office worker in the labor law firm D located in Seongbuk-gu, Sungnam-si, and from May 15, 2010 to May 15, 2010, the Defendant is a 'Industrial Accident Brer' who receives money and valuables from the industrial accident workers he recruited as a deputy administrative officer from the F Council located in Yongsan-si, and has served as the deputy administrative officer from May 15, 2010 to the present.

1. No person, other than an attorney-at-law who violates subparagraph 1 of Article 109 of the Attorney-at-Law Act, shall provide legal services, such as representation, legal counseling, preparation of legal documents, and others with respect to legal cases;

On May 2010, the Defendant consulted the patient G who wants to receive industrial accident insurance benefits in the French area with the method of claiming disability benefits in accordance with the Industrial Accident Compensation Insurance Act, and submitted a written claim for disability benefits in G to the Korea Labor Welfare Corporation.

On May 24, 2010, the Defendant received KRW 65,100,000,000 in total from August 8, 2012, from that time, from around 201, as shown in attached Table 1 in the same manner, from around August 8, 2012, from among the industrial accident compensation insurance benefits that G received from the Korea Labor Welfare Corporation, as commission fees.

Accordingly, the defendant, not an attorney-at-law, dealt with representation, legal counseling, preparation of legal documents, and other legal affairs concerning legal cases.

2. Violation of Article 111 (1) of the Attorney-at-Law Act;

No person shall receive or promise to receive money, valuables, entertainment or other benefits under the pretext of solicitation or arrangement for cases or affairs handled by a public official.

The Defendant, around June 8, 2010, received a total of 6,400,00 won from September 16, 2010 to September 16, 2010, for the industrial accident workers H, who were receiving treatment from FF members of the said F Council as “the right to receive disability pension upon the determination of disability.” In order to do so, 1.5 million won should be paid to the employees of the Korea Workers’ Compensation and Welfare Service.” On the same day, the Defendant received KRW 1.5 million from H to the account in the name of the Defendant and received KRW 1.5 million from H in the same manner, as shown in Table 2 of Crime List.

Accordingly, the defendant received money and valuables under the pretext of solicitation for the case handled by employees of the Korea Labor Welfare Corporation who are deemed as public officials.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of interrogation of I prepared by the prosecution against H, K, L, M, N,O, P, Q, and R;

1. Report of investigation (report on the first result of the execution of a warrant for search and seizure of account), - deposit money for an industrial accident patient related to A;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 109 subparagraph 1 (e) of the Attorney-at-Law Act (the point of handling legal affairs by a person who is not an attorney-at-law, choice of imprisonment), Article 111 (1) and (2) of the Attorney-at-Law Act, Article 24 of the Industrial Accident Compensation Insurance Act (the point of receiving money and valuables on the pretext of solicitation

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Attachment No. 11 of the 'Attachment No. 1', which is the largest penalty and penalty) of the Criminal Act; penalty concurrent crimes for violation of the Attorney-at-Law Act as stated in Article 11);

1. Additional collection:

Article 116 of the Attorney-at-Law Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years and not more than six months;

2. Application of the sentencing criteria;

(a) Violation of the Attorney-at-Law Act by any person other than an attorney-at-law;

[Determination of Punishment] Type 4 (not less than 50 million won, less than 100 million won), which deals with legal affairs, partnership, etc. by a person other than an attorney-at-law

[Special Aggravation] Aggravations: Where a large number of clients have committed repeatedly or systematically or have committed a business offense;

[Scope of Recommendation] Aggravation, 1 year and 3 months to 5 years (in the case of increase in the two stages as a result of adding up the same chip, the lower limit of 1/2 shall be mitigated)

B. Violation of the Attorney-at-Law Act due to the receipt of money or valuables in exchange for each solicitation or intermediation

[Determination of Punishment] Violation of Attorney-at-Law Act No. 1 (less than 30 million won)

[Special Aggravation] Aggravations: Where the method of punishment is very poor (where a person commits a crime while indicating the details of the future specific disposition, he/she has acted as if he/she had a special relation with a public official).

[Scope of Recommendation] Aggravation, 6 months to 1 year and 6 months

(c) Scope of recommendations based on the standards for handling multiple crimes: Imprisonment with prison labor for a year of three to nine years;

3. Determination of sentence: Determination of sentence shall be made in consideration of the following circumstances, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., various factors of sentencing as shown in the arguments in this case, and the scope of recommended sentences in the sentencing criteria, as shown in the order of sentence.

【Unfavorable Circumstances】

The Defendant’s “Industrial Accident Compensation Insurance Money Claim, etc., without being qualified as an attorney-at-law, operated legal affairs, such as a claim for industrial accident compensation insurance, and the money received under the pretext of solicitation and good offices to employees of the Korea Workers’ Compensation & Welfare Service has reached KRW 71,500,000 for two years. The Defendant’s above crime is detrimental to the fairness and reliability of the industrial accident compensation system that should be operated fairly and transparently, and there is a need for strict punishment of social harm and injury.

In the first instance, the Defendant denied all the suspicions at the time of the investigation by the prosecution, and concealed or attempted evidence by destroying his cell phone phone and instigating the industrial accident workers to make a false statement by leaving a phone. The Defendant also demanded N to introduce workers who will apply for industrial accident compensation. The Defendant was sentenced to a suspended sentence of two years on December 6, 2006, on the ground of the fact that he acquired money and valuables under the pretext of deceiving industrial accident workers and soliciting them to advisory opinions by the Korea Labor Welfare Corporation.

【Free Circumstances】

The defendant recognizes his criminal act and repents his mistake, and there are two times of a fine and one time of a suspended sentence, and there are no criminal records of the same kind. The social ties of the defendant are clear.

Judges

The presiding judge; and

Judges in the order of precedence

Judge Kang Dong-hun

Attached Form

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.