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(영문) 인천지방법원 2016.02.04 2015고정3740

변호사법위반

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The Defendant is not an attorney-at-law as a certified judicial scrivener who operates the “A certified judicial scrivener office” under subparagraph 7 of the first floor of Seocho-gu Seoul Metropolitan Government C Building.

No person, other than an attorney-at-law, shall receive or promise to receive any money, valuables, entertainment or other benefits, in handling legal affairs.

At A certified judicial scrivener office, the Defendant, despite being aware of the fact that D, who is a chief secretary, received a commission from the clients of the case, such as personal rehabilitation, bankruptcy, etc., and actually handles a series of affairs related to the case, such as personal rehabilitation, bankruptcy, etc., on behalf of the clients, agreed to use the above office and deal with the case, such as personal rehabilitation, etc. using the name of A certified judicial scrivener, and receive a self-determination in return.

On June 20, 2014, the above D accepted the case of personal rehabilitation by receiving KRW 1,50,000 from the client E of the case of personal rehabilitation from the above A certified judicial scrivener office, and then performed the case of personal rehabilitation, such as preparing and submitting various documents, document correction, service, application for prohibition and suspension order, cancellation of provisional seizure and cancellation of bad credit registration, etc. by lending the name of A certified judicial scrivener, and performing substantially on behalf of the client, from September 16, 2014, the above D accepted the case of personal rehabilitation, bankruptcy, etc., including 132 cases including the case of personal rehabilitation, bankruptcy, etc., as shown in the list of crimes in the attached list of crimes, and received the fee of KRW 165,40,000, and the defendant used the above office to handle the case of personal rehabilitation, etc. by using the name of the defendant as the certified judicial scrivener.

Accordingly, even though the defendant is not an attorney-at-law in collusion with D, he received money and handled the legal affairs related to non-contentious cases such as personal rehabilitation and bankruptcy.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. A report on investigation (Preparation and reporting of a list of crimes) and a report on investigation (calculated additionally);

1. Details of a written agreement on transactions with a suspended body, and a certified judicial scrivener¡¯s license fees loan;

1. A copy of the Act and subordinate statutes concerning the use of essential expenses to be submitted D.