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(영문) 서울서부지방법원 2018.02.08 2017노1048

변호사법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 25,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Of the fee details received by misunderstanding of facts or misunderstanding of legal principles as co-offenders, the amount of money and other valuables received and additional charges therefor should be reduced, since the amount of money and other valuables received and other additional charges should be reduced accordingly, as shown in the attached Table Nos. 93 and 94, 200 and 201 in the judgment of the court below.

In addition, the defendant's certified judicial scrivener office accepted and dealt with the case of his citizen, criminal case and registration during the period of crime, and received reasonable fees.

Defendant

The fees for all cases accepted and handled by a certified judicial scrivener office shall be paid and managed by E through the passbook in the name of the defendant.

E paid 2 million won per month (1.5 million won per month from January 2015) from the above money to the defendant under the name of the head of Si/Gun/Gu. Since the monthly amount of KRW 2 million (1.5 million per month or KRW 1.5 million per month) includes the reasonable cost of duties performed by the defendant, it cannot be deemed that the entire amount of KRW 2 million per month (or KRW 1.5 million) is the cost of violation of the law of defense.

Defendant

When operating a mixed-child office, the profits from which the defendant can obtain are limited to one million won, and the defendant is to have a substantial partnership with E and choose to receive two million won per month from E.

Therefore, in the calculation of the surcharge, the price for the defendant's legitimate performance of duties should be deducted from 2 million won per month (or 1.5 million won per month).

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. Before making a judgment on the grounds for ex officio appeal, the prosecutor conducted ex officio the following: (a) at the trial of the party, the prosecutor handled the legal affairs, such as personal rehabilitation and bankruptcy, including a total of 304 individual rehabilitation and bankruptcy, as described in the attached list of crimes; and (b) received a total of 247,050,000 won from the clients as commission fees.

“The portion”, as indicated in the list of offenses, deals with legal affairs, such as personal rehabilitation and bankruptcy, including a total of 302 individuals, and the client’s fee.