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(영문) 수원지방법원 안양지원 2017.05.23 2017고단127

변호사법위반

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

219,800,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

No one, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, and shall handle legal affairs, such as representation for, legal counseling on, preparation of legal documents related to, etc. in connection with non-contentious cases.

Around August 2010, the Defendant, at the F of the law office located in Seocho-gu Seoul, received KRW 550,000 from the client G to receive the case of personal rehabilitation, and accepted the case of personal rehabilitation, and then, prepared an individual rehabilitation application, the list of creditors, the list of assets, the list of revenue and expenditure, the list of revenue and expenditure, a statement, a repayment plan, etc., and submitted them to the court in the name of the attorney-at-law belonging to the F of the above law office in the name of the above law office. From that time until September 2014, the Defendant handled 208 personal rehabilitation, bankruptcy, and the book-keeping case, as shown in attached Table 1, and received the case of personal rehabilitation, bankruptcy, and the total amount of KRW 289,100,000 from November 20, 2014 to December 2016, the Defendant handled the case under the name of 106 individual rehabilitation, 400,000 trust charges, etc.

Accordingly, the defendant, not a lawyer, received money and other valuables, and dealt with the legal affairs on the case of non-litigation such as personal rehabilitation.

Summary of Evidence

1. Statement by the defendant in court;

1. A written agreement on the transaction of a temporary business suspension body, a business registration certificate, a copy of the head of a Tong, the status of acceptance of individual rehabilitation cases, and standard contract

1. Details of the I account and A account details;

1. Application of relevant Acts and subordinate statutes, such as the application for the renewal of each individual rehabilitation procedure for J, K, L, M, N, P, Q, R, S, T, V, X, X,Y, Z, AB, AC, AC, and AD, and application for the exemption from liability for AE bankruptcy;

1. Article 109 of the Act applicable to the facts constituting a crime, Article 109 of the Act, and the choice of punishment by imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. As to the violation of the law by an attorney at law in addition to additional collection, Article 116 of the Act (as to the defendant's violation of the law by the attorney at law in one set of