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(영문) 의정부지방법원 2020.10.22 2020고정1252

변호사법위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

Around January 7, 2018, the Defendant, not an attorney-at-law, agreed to prepare a written response to a claim case, such as divorce, B, in the vicinity of the Defendant’s residence, and received money in return. Around that time, he/she prepared a written response related to the said lawsuit and submitted it to the Gu-Government District Court twice. Around January 13, 2018, he/she received KRW 1 million from B to the Defendant’s account under the name of the Defendant from that time until February 7, 2018, including transfer of KRW 8 million in total, as shown in the list of crimes.

As a result, the defendant received money and valuables from non-legal practitioners, and prepared legal documents concerning litigation cases.

Summary of Evidence

1. Defendant's legal statement;

1. B Application of the police statement statement statement and each reply statute to the police statement statement statement;

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. Article 70(1) and Article 69(2) of the Criminal Act to be collected in addition to Article 116 of the Attorney-at-Law Act;

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