beta
(영문) 수원지방법원 안양지원 2013.10.01 2013고정806

변호사법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From January 29, 200 to January 12, 201, the Defendant operated a certified judicial scrivener office as a certified judicial scrivener, and on January 13, 201, the registration of the certified judicial scrivener was revoked.

No person, other than an attorney-at-law, shall handle legal services, such as appraisal, representation, arbitration, settlement, solicitation, legal counseling or preparation of legal documents with respect to legal cases in exchange for money or other valuables.

Nevertheless, the Defendant, not an attorney-at-law, transferred KRW 1.3 million to an account in the name of H from March 14, 2012 at the D, E’s resting room in Ansan-gu, Seoul Central District Court on March 12, 2012, and received an application for payment order of KRW 1.3 million from D to an account in the name of H, and received an application for payment order of KRW 1.3 million from the Seoul Central District Court on April 12, 2012, and received an application for payment order of KRW 1.3 million to the creditor on March 19, 2012, and received an application for payment order of KRW 1.3 million to the creditor on March 20, 2012, and received the application for payment order of KRW 1.3 million to the creditor on April 14, 2012, and received the application for payment order of KRW 13 million to the creditor on March 14, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Complaints of E preparation;

1. Requests for cooperation in investigation (request for inquiry, such as whether a certified judicial scrivener has registered or not);

1. Application of Acts and subordinate statutes to the copies of litigation data related to D and E;

1. Article 109 of the Attorney-at-Law Act applicable to facts constituting an offense and subparagraph 1 of Article 109 of the Act on the Selection of Punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The latter part of Article 116 of the Attorney-at-Law Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;