beta
(영문) 인천지방법원 2017.03.31 2016고정1826

변호사법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one, other than an attorney-at-law, shall handle or arrange any act of proxy, preparation of legal documents, or other legal affairs concerning a case, etc. in return for receiving or promising to receive money, valuables, etc.

Nevertheless, on December 8, 2010, the Defendant promised to collect KRW 300 million from the victim C to receive 30 million from the victim’s claim within the domicile of the defendant in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and promised to receive 30% of the amount of 300 million won from the victim C, by using the computer, the Defendant prepared a complaint of “A claim for a loan of KRW 30,000,000” using the computer, and received it by registered mail at the Incheon District Court’s assistant branch by registered mail, and agreed to receive money and other valuables on behalf of the victim, such as the list of crimes, and received KRW 4,380,840 in return from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. Application of Acts and subordinate statutes to request for payment of deposit money and detailed statement of deposit and withdrawal;

1. Article 109 of the Act applicable to the facts constituting an offense, and Article 109 of the Judicial Protection Act applicable to the selection of punishment, and the selection of fines;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of 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 (1) of the Criminal Procedure Act concerning the order of provisional payment;