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(영문) 서울남부지방법원 2019.08.07 2019고단2287

변호사법위반등

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

From March 2011 to early 2015, the Defendant served as an employee in the “C” located in the sixth floor of Gangseo-gu Seoul Metropolitan Government building B, and from early 2015 to the end of 2016, in the “Labor Law E” located in the same Gu as that of the same Gu.

The Defendant, around July 24, 2012, consulted or vicariously, and received 15 million won from F as a national bank account (G) in the name of the Defendant, as shown in the attached list of crimes, at least 61 times from around that time to October 21, 2016, on behalf of the Defendant for the business of claiming industrial accident insurance, etc., and received 204,830,000 won in total as stated in the attached list of crimes from around 204,830,000 as a fee, and received each money listed in No. 46,50 of the attached list of crimes as another national bank account (K), and received the remainder as the account described in the above main sentence.

Among them, the sum of 89,920,000 won was earned.

As a result, the defendant received money and valuables from a person who is not an attorney-at-law and dealt with agency, legal counseling, preparation of legal documents, and other legal affairs, and even if he is not a certified public labor attorney, he/she performed the duties of certified public labor attorney such as agency or agent for remedy for infringement of rights, preparation of related documents, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of H;

1. Each police statement made to I and J;

1. Application of statutes to A’s bank account details and deposit details (attached to a police suspect interrogation protocol for the accused);

1. Subparagraph 1 of Article 109 of the Attorney-at-Law Act (in dealing with legal affairs of a person who is not an attorney-at-law), Article 28 (1) 2, Article 27, and Article 2 (1) 1 and 2 of the Certified Public Labor Attorney Act concerning facts constituting an offense (including a violation of restrictions on affairs of a person who is not a certified public labor attorney-at-law);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.