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(영문) 의정부지방법원 2015.05.15 2014고단4023

변호사법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

40,417,580 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On January 29, 2010, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. by the Suwon District Court, and on December 13, 2010, the Defendant was the one who completed the execution of the sentence in the North Korean Prison I.

The Defendant is a person who operated the “F office” office located in the city of Speaker from December 2, 2011 to October 1, 2014.

Despite the fact that the defendant, not an attorney-at-law, is unable to handle or arrange other legal affairs such as representation, legal counseling or preparation of legal documents with respect to legal cases such as non-contentious cases in return for receiving money or other valuables, the defendant posted an advertisement stating that he/she will handle the auction agency work in the auction information and living information place, and had the person who found it receive it receive a certain amount of money by acting for the actual auction so that he/she can receive a successful bid of real estate.

At the above office around December 26, 2012, the Defendant: (a) received the request from the client G and H to transfer “land and building under the JJ” and (b) received KRW 500,00,00 from the contract deposit; (c) around January 18, 2013, the Jung-gu District Court located in 364, in order to allow the client to inspect the record, etc. of the auction case for the said client; (d) determine the bid price for the said client; and (e) make him/her prepare and submit the bid list; and (e) received KRW 339,99,000,00 from the client; and (e) received KRW 2,40,00 as the remainder on February 13, 2013.

After that, the Defendant did not possess or transfer the above real estate, around March 8, 2013, prepared an application for compulsory execution with respect to the delivery of the above real estate, and had the above application received from the office of the enforcement officer of the said court.

Accordingly, the defendant is not a lawyer, but a lawyer receives 2.9 million won and applies for auction.