beta
(영문) 수원지방법원 안양지원 2017.04.14 2017고단137

변호사법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, and shall handle such case on behalf of an attorney-at-law, legal counseling services, preparation of legal documents, etc. with a comprehensive delegation of legal affairs.

Notwithstanding the fact that the Defendant is not an attorney-at-law, in collusion with C, etc., the Defendant sent an automatic telephone advertising a personal rehabilitation application to many unspecified persons at the call center office located in Guro-gu Seoul Metropolitan Government, and then, if the users respond to this request, the Defendant had the call center staff employed by C and C consult about whether the Defendant’s personal rehabilitation application conditions, such as the personal information of the obligor, whether the obligor is in office, work, occupation, total amount of liability, automobiles, real estate, property relations, dependents, insurance, etc. The Defendant requested the above personal rehabilitation application by obtaining documents, such as the details of the obligations of the above persons necessary for the application for personal rehabilitation, lease contract, income certificate, employment certificate, and tax payment certificate, and second consultation with the clients, and then again, the said documents are transferred to “G judicial scrivener office” located in Yangcheon-gu Seoul Metropolitan Government, which is substantially operated by C and the said employees employed by C and C comprehensively handle legal affairs, such as preparing, submitting documents, and submitting documents on behalf of the clients.

Accordingly, the Defendant, at around September 2, 2011, consulted the client H on the case of personal rehabilitation, etc. at the above call center office and transferred documents to the said certified judicial scrivener office. C, etc., upon accepting the case of personal rehabilitation from H by receiving KRW 1,500,000 from H, and accepting the case of personal rehabilitation, the application for personal rehabilitation, the list of creditors, the list of assets, the list of revenue and expenditure, the statement, and the statement.