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(영문) 인천지방법원 2016.04.07 2015고단6893

변호사법위반

Text

Defendant

A shall be punished by imprisonment for a term of two and a half years, and imprisonment for a term of one year.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

[Status of the Defendants] Defendant A is a person who handles legal affairs, such as personal rehabilitation, at the law firm E office located on the second floor of Seocho-gu Seoul Metropolitan Government G Building from July 2012 to September 2015.

Defendant

B is a person who has served as the above law firm E representative attorney from November 201 to the present time and has lent the title of attorney to the above law firm E.

[Criminal facts] A person, other than an attorney-at-law, shall not receive or promise to receive money, valuables, entertainment or other benefits, and shall not handle legal affairs, such as representation, legal counseling, preparation of legal documents, etc.

1. Around June 2012, Defendant A, in the above law firm E, the representative attorney B, and the Defendant, in the name of the attorney-at-law B, agreed to perform legal affairs, such as accepting cases such as personal rehabilitation and bankruptcy, and preparing and submitting various documents to the court. In response, Defendant B agreed to receive KRW 3 million per month and KRW 30,000 per case (including additional tax).

At the above law firm E office, around December 12, 2012, the defendant accepted the case of personal rehabilitation from the client H, and then deal with a series of affairs including preparation and submission of various documents, document correction, service, application for suspension order, cancellation of provisional seizure, cancellation of registration of bad credit standing, etc. on behalf of the client. From that time, until September 7, 2015, the defendant handled the case of 1,339 personal rehabilitation, bankruptcy, and face book as above, and received a total of 1,79,3310,000 won as the fee.

Accordingly, the defendant, not a lawyer, received money and valuables, and dealt with the legal affairs related to non-contentious cases such as personal rehabilitation, bankruptcy, and face-to-face liability.

2. Defendant B, from December 12, 2012 to September 7, 2015, lent the name of the attorney-at-law of the said law firm E from around December 12, 2012 to the said person who is not an attorney-at-law to the said person who is not an attorney-at-law, and caused the said person to be present at the crime list