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(영문) 수원지방법원 안양지원 2013.12.19 2013고정935

변호사법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

No person, other than an attorney-at-law, shall indicate or describe that he/she handles legal counseling or other legal services with an intention to indicate or describe his/her attorney-at-law or law office or to benefit therefrom.

Nevertheless, on October 19, 2012, the Defendant sent a prior text to the Korean Bank E in the name of "Law Firm E" at Ansan-si, where the Defendant is a lending bank of C or D, which is in the process of civil litigation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the written complaint (including the part attached to the written complaint, etc.);

1. Article 112 subparagraph 3 of the Attorney-at-Law Act concerning facts constituting an offense, Article 112 subparagraph 3 of the Act on the Selection of Punishment

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

1. As to the defense counsel’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act, the defense counsel asserts that the defendant’s act was committed without the awareness of illegality.

However, in light of the process and purpose of sending a document misrepresenting the law firm, it seems that the defendant has sufficiently recognized the illegality.

Therefore, the above argument is not accepted.