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(영문) 서울중앙지방법원 2019.01.08 2017고정2151

변호사법위반

Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No attorney-at-law shall allow a person who intends to handle legal services without qualification as an attorney-at-law to use his/her name.

Nevertheless, the Defendant, an attorney-at-law, in collusion with the head of office B, had D, who is not an attorney-at-law, handle the individual rehabilitation legal affairs by using the name of the Defendant’s attorney-at-law in collusion with the law firm in Seocho-gu Seoul on November 2014. At that time, the Defendant had D, who is not an attorney-at-law, handle the case of personal rehabilitation, bankruptcy, and exemption in total amounting to KRW 145,80,000 for 107 times in total using the Defendant’s name from December 2016 as shown in the list of crimes in the attached Form 107 to December 2016. In addition, the Defendant received 68,050,000 won for the name of the above D = 52,00,000 won for the name of the Defendant (i.e., 2 million won for each month x 26 months) x 16,050 won for each case x 157 million won).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Examination of suspect suspect regarding D by the prosecution;

1. Each prosecutor's statement concerning F and G;

1. Each written statement of D;

1. Investigation report (Attachment, such as the submission of data related to the violation of the Attorney-at-Law Act by the head of the personal rehabilitation hub D, the analysis of the details of the suspect D accounts, and the application for commencement of the personal rehabilitation case during the latest one year period of D);

1. The application of Acts and subordinate statutes to commence individual rehabilitation procedures, such as the list of offices deposited in the office of deposits in the office of each department loan, business suspension agreement, business registration certificate, acceptance status of individual rehabilitation cases, standard contract for loan transaction, D account details, and application form;

1. Article 109 subparagraph 2 of Article 109 of the Attorney-at-Law Act and Article 34 (3) of the same Act concerning facts constituting an offense, Article 30 of the Criminal Act and selection of fines;

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

1. The latter part of Article 116 of the Attorney-at-Law Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;