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(영문) 서울중앙지방법원 2017.07.20 2017고단2242

변호사법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No attorney-at-law shall allow any person who intends to handle legal affairs without qualification as an attorney-at-law to use his/her name.

Nevertheless, on November 2009, the defense private defendant had E, who is not an attorney-at-law, receive 1,200,000 won from the client for personal rehabilitation using the name of the defendant's attorney-at-law in Seocho-gu Seoul, and handle personal rehabilitation law affairs. From that time to April 2010, the above E used the defendant's attorney-at-law's name to deal with the case of personal rehabilitation, bankruptcy, and 63 times in total amount of 75,60,000 won in total, and received 3,60,000 won in return for lending the name from the above E (60,000 won in number).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Protocols of interrogation of suspects of E by each prosecutor's office;

1. Application of Acts and subordinate statutes of a report on investigation (Attachment of Crime List to Suspect E);

1. Relevant legal provisions concerning criminal facts and Articles 109 subparag. 2 and 34(3) of the Act on the elective Attorney-at-law who has been sentenced to punishment (the defendant is in profoundly against his primary offender; the period for committing a crime does not expire and the amount acquired by committing a crime is relatively high;

(2) The amount of the fine shall be determined as per the order after the decision of the fine is made, taking into account the fact that the fine

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.