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(영문) 서울남부지방법원 2015.06.05 2014고정3381

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

Defendant is running real estate development business under the trade name of C.

No one, other than an attorney-at-law, shall handle or promise to receive money, valuables, entertainment or other benefits, in connection with a litigation case, legal services, such as appraisal, representation, arbitration, reconciliation, solicitation, legal consultation, preparation of legal documents, etc.

Nevertheless, the defendant received money and valuables around August 201, and the victim D (55 years of age) was living together with another person's land, and received 5 million won from the victim and submitted 5 million won as reference materials for the lawsuit to the court.

Summary of Evidence

1. Legal statement of witness D;

1. Statement made to D by the police;

1. A complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 109 of the Attorney-at-Law Act applicable to facts constituting an offense, Article 109 of the Act on the Selection of Punishment, and Selection of fine

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The latter part of Article 116 of the Attorney-at-Law Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Although the defendant's crime was clearly acknowledged by the evidence of the judgment of sentencing in Article 186 (1) of the Criminal Procedure Act, considering the fact that the defendant does not repent of his mistake, and the defendant does not seem to have any circumstances such as avoiding the crime of this case, he shall be sentenced to a fine identical to the fine of the summary order, and the costs of the lawsuit of this case shall also be borne by the defendant.