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(영문) 인천지방법원 2016.01.21 2015고단6772

변호사법위반

Text

Defendants shall be punished by imprisonment for one year.

However, with respect to Defendant B and C, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Status of the Defendants] From around September 2012 to March 2013, 2013, Defendant A handled legal affairs, such as personal rehabilitation, bankruptcy, etc. in “A certified judicial scrivener’s office” located in Seocho-gu Seoul Metropolitan Government I and V from March 2013 to September 2013.

Defendant

B From August 2013 to September 2014, 2014, B is a person who has worked as a secretary in the “certified judicial scrivener C office” located in Seocho-gu Seoul Metropolitan Government I and five floors.

Defendant

C is a certified judicial scrivener who operated the above certified judicial scrivener office from August 2013 to September 2014.

J is a person who served as the above H representative attorney-at-law from May 201 to April 20, 2015 and lent the name of attorney-at-law to the above H representative attorney-at-law.

No person, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, and handle legal affairs comprehensively delegated, such as representation for, legal counseling on, preparation of legal documents related to, etc. in connection with non-contentious cases.

1. Defendant A

A. On December 2012, the Defendant, who is in charge of legal affairs under the name of the attorney-at-law working in the law firm F, agreed to handle legal affairs, such as accepting cases such as personal rehabilitation and bankruptcy by himself/herself, and preparing and submitting various documents to the court. In return, the Defendant agreed to pay KRW 700,000 per month to the said K and KRW 120,000 per case under the name of the head of the said K.

On December 7, 2012, the Defendant, at the above law firm F, accepted the case of personal rehabilitation with a client’s fee of KRW 1.2 million, performed a series of duties on behalf of the clients, including preparation and submission of various documents, amendment of documents, delivery, prohibition and suspension order, application for provisional attachment suspension order, cancellation of provisional attachment, and cancellation of bad credit registration. In addition, from that time to March 18, 2013, the Defendant was handled by proxy of the clients.