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(영문) 인천지방법원 2015.12.17 2015고단6467

변호사법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is not an attorney-at-law, who has worked as a secretary at the “C judicial scrivener office” office located in the first floor of the Seocho-gu Seoul Metropolitan Government Office of B building.

No person, other than an attorney-at-law, shall handle legal affairs in return for receiving or promising to receive money, valuables, entertainment or other benefits.

The Defendant borrowed the name of a certified judicial scrivener from C to pay KRW 500,000 to the head of each month on the condition that he/she handles the case, such as individual rehabilitation and bankruptcy. The above C, despite being aware of the fact that the Defendant received fees from the clients of the case, such as individual rehabilitation and bankruptcy, and actually handles the case on behalf of the clients, he/she agreed to use the above office and handle the case, such as individual rehabilitation, using the name of C certified judicial scrivener, and receive the amount of fees in return.

On June 20, 2014, the Defendant received 1.5 million won from the clients of the case of individual rehabilitation from the said C Certified Judicial Scriveners Office, and accepted the case of individual rehabilitation, and then, the Defendant took charge of various kinds of affairs, such as preparation and submission of documents, document correction, service, application for prohibition or suspension order, provisional cancellation of attachment, cancellation of trust deposit, cancellation of trust deposit, etc., by lending the name of C Certified Judicial Scriveners, and then corrected clerical errors in the indictment 2015 from that time until September 16, 2015. The Defendant received 132 cases, including individual rehabilitation and bankruptcy, etc., and paid 165,400,000 won as shown in the attached list of crimes, and the above C used the above office to deal with the case of individual rehabilitation, etc. using the name of C Certified Judicial Scriveners.

Accordingly, even though the defendant is not an attorney-at-law in collusion with C, the defendant dealt with legal affairs concerning non-contentious cases such as personal rehabilitation and bankruptcy.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of suspect by the prosecution against E, F, G, Defendant, and C;

1.Each.