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(영문) 서울중앙지방법원 2016.10.14 2016노1735

변호사법위반

Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentence of sentence of the first instance court (for defendant A, one year of imprisonment and additional collection of 19,971,450 won, and for defendant B, one year of suspended execution and additional collection of 80,460,610 won in six months of imprisonment) is too unreasonable;

2. The fact that the Defendants were aware of the instant crime and divided, Defendant A and B did not have any particular criminal history except once a fine is imposed, Defendant A and B did not use any other unlawful means in accepting the instant case or handling legal affairs except in the name of a certified judicial scrivener, and does not seem to be an organized crime, and Defendant B paid the full amount of the surcharge after the sentence of the first instance judgment.

However, the legislators' introduction of the lawyer system and prohibition of handling legal affairs by non-legal professionals is likely to harm the interests of the parties and other interested persons, disrupt the fairness of legal life, interfere with smooth operation of legal affairs, and disrupt the legal order if they neglect to intervene in other persons' legal cases in order to gain profit such as money and goods. As such, the crime of this case is not only impairing the foundation of the lawyer system, but also is likely to disrupt the legal order by distorted the legal market and disrupt the rights and interests of the people, and thus, it is necessary to be strict. Defendant A has handled about 200 cases for a period of more than four years and received approximately KRW 290,000,000 by receiving a fee of approximately 20,000 won. In particular, Defendant B continued to commit a crime under the name of the pre-existing certified judicial scrivener while aiding and abetting Defendant B to handle legal affairs for 38,000 won.