변호사법위반
A defendant shall be punished by imprisonment for one year.
154,650,000 won shall be additionally collected from the defendant.
The additional collection charge shall be equivalent to the above additional collection charge.
Punishment of the crime
No one, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, and shall handle legal affairs, such as representation for, legal counseling on, preparation of legal documents related to, etc. in connection with non-contentious cases.
On March 23, 2011, the Defendant accepted the case of personal rehabilitation by accepting 2,450,000 won from the client E at the D's legal office located in the fourth floor of the Seocho-gu Seoul Metropolitan Government C building, and then dealt with the legal affairs concerning non-contentious cases by preparing a personal rehabilitation application, list of creditors, list of property, list of revenue and expenditure, statement, repayment plan, etc., and submitting it to the court in the name of D attorney in the name of D attorney, as shown in the attached list of crimes in the attached Table from February 29, 2012, and received a total of 145,40,000 won from the day to February 29, 2012.
Accordingly, the defendant, not a lawyer, received money and valuables, and dealt with the legal affairs related to non-contentious cases such as personal rehabilitation, bankruptcy, and face-to-face liability.
Summary of Evidence
1. Statement by the defendant in court;
1. Credit complementary contract (net 50), loan contract information (net 54), standard contract for loan transaction (net 55);
1. Each investigation report (Attachment of the details of loans, confirmation of the details of loans, including mobile phone calls of the suspect, and attachment of the details of account transactions in the name of the suspect F);
1. Status of acceptance of cases of personal rehabilitation (netly 53), application of Acts and subordinate statutes;
1. Relevant Article of the Act and subparagraph 1 of Article 109 (Selection of Imprisonment with prison labor) of the Judicial Protection Act applicable to the facts constituting an offense;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 116 of the Act on Additional Collection [154,650,00 won = Total amount of 205,40,000 won for stamp fees, service fees, and expenses for issuing certificates of debts] 3,50,000 won for each case (the defendant stated that total of 25-350,000 won for each case was calculated as the most favorable to the defendant, referring to four rights of investigation record, 256 pages) x 145 defendant's obligation to return loans to the client.