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(영문) 인천지방법원 2015.12.22 2015고단6635

변호사법위반

Text

Defendant

A shall be punished by imprisonment for 8 months, by a fine of 34,00,000 won for each of the defendants B.

Defendant

B The above fine shall not be paid.

Reasons

A. Defendant B: (a) the nominal loan amount of KRW 38,750,00,00 paid to 35,497,595 won-G-G- the nominal loan amount of KRW 16,750,00: KRW 38,00,000 paid to Defendant B; + the amount of KRW 32,30,000 paid under the name of the nominal loan amount of KRW 38,30,000 + the amount equivalent to the rent corresponding to the area used by Defendant B (300,000 x 19 months) * the amount of KRW 8,80,000 (80,000 + value-added tax amount of KRW 80,000 per case) out of the commission fee of KRW 1.2,50,000 per case (see Supreme Court Decision 200,814, Jun. 27, 201; and (b) the amount of money acquired under the name of Party B’s own account.

* As above, Defendant A actually managed and paid the amount equivalent to the value-added tax, the amount equivalent to the value-added tax shall be included in the amount to be collected from Defendant A.

* Defendant B is merely using part of the office space already leased by Defendant A, and thus, based on the monthly rent of KRW 300,000 as to the part used by Defendant B among the office space, Defendant B calculated the name lending fee to be collected from Defendant B based on the monthly rent of KRW 300,000 which Defendant B led to the confession of Defendant B, and includes the remainder of the monthly office rent in the amount to be collected from Defendant A

Reasons for sentencing

1. Type 5 (not less than KRW 100,00) added area (two to seven years): as a result of adding up the two different types of competition, Defendant A (a person under special relationship) has committed repeatedly or systematically, or has committed business crimes against many clients.

참조조문