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(영문) 수원지방법원 2017.03.16 2016고단3631

변호사법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 5,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

[criminal records] Defendant A was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution on July 11, 2014, for violating the Medical Service Act in the Cheongju District Court’s Incheon Branch on July 3, 2014 and the judgment became final and conclusive on July 11, 2014.

[2] A person who is not an attorney-at-law shall not receive or promise to receive money, valuables, entertainment or other benefits, nor shall he/she deal with appraisal, representation, arbitration, reconciliation, solicitation, legal counseling, preparation of legal documents, and other legal affairs regarding legal cases.

From February 2012 to September 15, 2014, the Defendants conspired to jointly operate G Co., Ltd. (hereinafter referred to as “G”) from Sungnam-si, Sungnam-si, to receive or promise to receive approximately 10% of the insurance money from the insured as commission, to act as an agent for claims for insurance money, or to act as an intermediary for arbitration or compromise with respect to the determination of the insurance money, or to act as a broker for arbitration or compromise with respect to the determination of the insurance money.

On March 29, 2013, the Defendants consulted about the above G office with respect to the case of claiming for disease insurance against H and his/her her Cats Fire Marine Insurance Co., Ltd., and agreed to handle the above case and receive 15% of the insurance money as commission, agreed to claim insurance money on behalf of H, and refused to pay insurance money to H. On August 5, 2013, Defendant B filed a civil petition with the Financial Supervisory Service to the effect that the Mz Fire Marine Insurance Co., Ltd. did not unfairly pay insurance money under the name of H. on August 23, 2013, Defendant B received KRW 40 million from the Mz Fire Marine Insurance Co., Ltd. on August 23, 2013, and received KRW 10340,000 from H under the same day as commission.

The Defendants conspired to receive money and valuables from February 16, 2012 to May 22, 2014 in the same manner as indicated in the list of offenses, and are legal affairs.

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