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(영문) 서울중앙지방법원 2017.01.17 2016고단3841 (1)

변호사법위반

Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

1. The Defendant’s status and criminal experience from January 2006 to December 2013 are attorneys-at-law in the “AX” law firm located in Seocho-gu Seoul, Seocho-gu, as well as in the “AV law office” located in Seocho-gu, Seoul from January 2014 to September 2015.

2. Criminal facts shall not allow a person other than an attorney-at-law to use his/her name;

From February 2, 2009 to October 201, the Defendant had Q Q, who is not an attorney-at-law, handle the case of personal rehabilitation, individual bankruptcy, and face-to-face liability in the name of an attorney-at-law using the name of an attorney-at-law in the above law firm AX office. After having Q, who is not an attorney-at-law, handle the case of total 16 cases, total 13,650,000 won, the Defendant received the amount of money equivalent to KRW 4,095,00 from A Q as a fee

From March 2014 to May 2014, the Defendant continued to use the name of an attorney-at-law office in the above AV law office, and had a person who is not an attorney-at-law handle total of 32 cases, total of 51,150,000 won, personal rehabilitation, bankruptcy, and face-to-face cases using the name of an attorney-at-law in the name of an attorney-law, and received the amount of money equivalent to 5,120,000 won as a fee for lending from theN.

As a result, the Defendant lent the name of a lawyer to A Q and N, who is not a lawyer, and let Q and N deal with the legal affairs related to non-contentious cases, such as personal rehabilitation.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness A Q;

1. A protocol concerning the examination of the accused, N, and Q by the prosecution;

1. One copy of the details of AS and AT lending, the details of AU lending, a copy of the certificate of transit, the counseling and management of individual rehabilitation cases, and the application of the statutes of the judgment;

1. Article 109 of the Act and Articles 109 subparagraph 2 and 34 (3) of the Act, the selection of a fine concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. An attorney-at-law for additional collection;

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order