변호사법위반등
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.
Punishment of the crime
1. No person, other than an attorney-at-law who has violated the Attorney-at-Law Act, shall provide legal counseling or other legal services with respect to a litigation case, etc.;
While serving as the Director of the Intellectual Property Team in Seocho-gu Seoul Metropolitan Government, the Defendant appointed D as a legal representative for the Plaintiff or the Defendant for four patent lawsuits (patent E, F, G, and H) as the Plaintiff or the Defendant, while serving as the Director of the Intellectual Property Team in Seocho-gu Seoul Metropolitan Government, tried D to appoint other attorneys who are not law firms C and to receive the fees.
On October 2013, when the Defendant is not an attorney-at-law, at the office of the above law firm C in early 2013, the Defendant gave D’s agent I an unfavorable lawsuit, such as “D is proceeding to the law firm C, including the case of cancelling trademark registration.” The other party attorney-at-law is a large-level lawyer from the president of the law firm, so that D will clearly win the case, he shall appoint an attorney-at-law from the former officer, who is well aware of the trademark law other than the current law firm C and shall proceed with the lawsuit. This is to arrange for further appointment of an attorney-at-law from the director of the patent court. The Defendant will arrange for an additional appointment of an attorney-at-law from the patent court. It is necessary to appoint a total of KRW 160,000,000 per case, and it is necessary to request KRW 6 million with expenses, etc. to win the patent lawsuit.”
Accordingly, from October 8, 2013 to October 17, 2013, the Defendant received KRW 166 million out of the total amount of KRW 166 million ( KRW 100 million around October 8, 2013, KRW 26 million around October 14, 2013, and KRW 40 million around October 17, 2013) from the Defendant’s corporate bank account in the name of the Defendant as the litigation expense.
As a result, the defendant received money and valuables, etc. from a person who is not an attorney-at-law and dealt with legal counseling and other legal affairs.
2. The Defendant is proceeding with the victim D at the office of the said law firm C in early October 2013, and as set forth in paragraph 1.