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(영문) 인천지방법원 2016.11.28 2016고단7029

변호사법위반

Text

A defendant shall be punished by imprisonment for two years.

43,000,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

No person, other than an attorney-at-law, shall handle or arrange any representation, reconciliation or other legal affairs concerning litigation cases or other general legal cases in return for receiving or promising to receive money, valuables, entertainment, etc.

On October 2010, the Defendant found the owners of land, such as D (Death around May 2015) and the home site district, which the Korea Land and Housing Corporation accepted for the installation of transmission towers, appointed an attorney-at-law E, and had the Korea Land and Housing Corporation proceed to file a claim for increase of land compensation and received 6% of land compensation from E to distribute profits among them.

From November 201 to May 201, the Defendant sent a notice of claim for land compensation and a power of attorney to accept land compensation, from G and one parcel owner, G to H as an attorney-at-law at the office located in the 3th floor of the F apartment store in Seo-gu Incheon Metropolitan City, Seo-gu, Incheon, to the Korea National Housing Corporation, and sent the power of attorney from the above H to E, thereby allowing the Defendant to file a lawsuit for land increase compensation and arrange 45 proxy as shown in the attached list of crimes.

Summary of Evidence

1. The defendant asserts that the defendant's act was not a referral under Article 109 subparagraph 1 of the Attorney-at-Law Act at the time of his/her statement in court.

(1) However, “a satellite photograph verifying the passage of transmission towers and finding a lot number of land via the Internet, thereby being issued a certified copy of the register of the lot number.”

A notice that land compensation can be received more because of less portion of land compensation paid to landowners and a contract for the delegation of litigation was sent by mail.

When the counseling call from the land owners is omitted, D shall provide consultation and receive the delegation contract and the delegation to receive the winning fee from the land owners by mail or facsimile.