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(영문) 서울중앙지방법원 2016.11.02 2016고단720

변호사법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 15, 2011, the Defendant was sentenced to imprisonment with prison labor for one year and six months, imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at Seoul High Court on March 15, 2011, and completed the execution of the above punishment on December 8, 2012.

【Criminal Facts】

No person, other than an attorney-at-law, shall indicate or describe that he/she handles legal counseling or other legal services with an intention to indicate or describe an attorney-at-law or a law office or to benefit therefrom.

1. On May 2013, the Defendant, at a hotel with no knowledge of the trade name in the United States of New York, issued an order stating “L” on the front and rear side, when introducing I (the name of the United States: J) as the representative of the said company, to enter H, a U.S. corporation, into an attorney-at-law in order to consult on a plan to list H, which is a U.S. corporation, into the Korea Exchange and KOSDAQ market.

Accordingly, the defendant stated that he/she handles legal counseling or other legal affairs for the purpose of gaining a benefit from being not an attorney-at-law.

2. Around July 31, 2013, the Defendant sent e-mails to I at a closed place in Seoul and below, and attached data that introduced the Defendant to “lawer” to the said e-mails.

Accordingly, the defendant was not a lawyer but a lawyer.

"2016 Highest 5202" Defendant is a director of M&A and an actual operator of N., and victim I is a representative director of H, a U.S. corporation.

On August 6, 2013, the Defendant was delegated by the Victim to handle the affairs of listing H on the KOSDAQ market at the Korea Exchange. On the part of the Victim’s H office located in the U.S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S