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(영문) 서울남부지방법원 2016.03.17 2016고단270

변호사법위반

Text

Defendant

N and T shall be punished by imprisonment with prison labor for one year, for four months, for Defendant A, for U and V, for eight months, respectively.

Reasons

Punishment of the crime

No person shall receive or promise to offer money, valuables, entertainment or other benefits in return for introducing, arranging or inducing a party to a legal case or other interested person to a specific attorney-at-law or his/her office staff member, and no attorney-at-law shall offer or promise to offer money, valuables, entertainment or other benefits in return for introducing, arranging or inducing a party to a legal case or for accepting a case of law affairs.

1. On December 2009, Defendant A, at the D office located in Seocho-gu Seoul Metropolitan Government, heard that he would offer 10 to 20% of the face value of the case by arranging the case to be accepted by an attorney N at the D office located in Seocho-gu Seoul Metropolitan Government. Defendant A consented thereto.

On April 2010, the Defendant received 14,810,000 won in return for the introduction and mediation of legal cases from around April 2010 to December 2013, as well as the receipt of an amount equivalent to 10% of the commission fees, after receiving a request from AC for an individual rehabilitation application case, and arranging the acceptance of the case by the said law firm.

2. Around January 201, Defendant T listen to the statement that, at the D office located in Seocho-gu Seoul Metropolitan Government, the case should be accepted by an attorney N, and that, at the D office located in Seocho-gu Seoul Metropolitan Government, Defendant T would give 40 to 60% of the fee on face.

On January 201, the Defendant received a claim for damages from AD and arranged to accept it by the said law firm, and received an amount equivalent to 50% of commission fees, as well as an amount equivalent to the portion of commission fees, from January 201 to December 2012, the Defendant received KRW 98,870,000 in return for introducing and arranging the commission of legal cases from January 201 to December 2012.

3. Defendant U around March 201, the Defendant arranged to accept the case from an attorney N in the D office located in Seocho-gu Seoul Metropolitan Government (hereinafter “Seoul Seocho-gu Office”), and then 20 to 30% of the face fee.