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(영문) 서울서부지방법원 2019.03.28 2018고정964

변호사법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

No one, other than an attorney-at-law, shall handle or arrange legal services, such as appraisal, representation, arbitration, reconciliation, solicitation, legal consultation, preparation of legal documents, etc. with respect to litigation cases, non-contentious cases, criminal investigations, and other general legal cases, or arrange such acts.

Nevertheless, around February 1, 2017, the Defendant received a request from D to file a criminal complaint, etc. against E from the C Attorney Office located in the fiveth floor of Seocho-gu Seoul Metropolitan Government B building, and received 100,000 won for the legal counseling. Around the second day of the same month, the Defendant prepared a complaint against E by mail and submitted the written complaint to the Jinjin Police Station at the Chungcheongnam-nam Police Station.

Accordingly, the defendant, not a lawyer, handled legal affairs such as legal counseling and preparation of legal documents with respect to legal cases.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Investigation report (as a result of the execution of a warrant of search, seizure, verification - If the check is presented);

1. Two copies of a cashier's check and a name tag; and

1. The accusation (Evidence List Nos. 31) [No. 31] (Evidence List No. 31] (Evidence List) appears to be difficult to keep a specific and consistent statement without direct experience, and the content of the explanation as to the defendant's request for the case and the circumstance why the defendant demanded the return of money after the delivery of the money to the defendant is reasonable and acceptable. On the other hand, the defendant's assertion as to the amount of money received from D and the circumstances in which the money was received from D are not consistent and it is difficult to accept in a regular and easy manner. Accordingly, the application of the aforementioned statutes can be sufficiently recognized that one million won out of the money received from D is a consideration in handling legal affairs].

1. Relevant legal provisions concerning facts constituting an offense and the choice of punishment: Subparagraph 1 of Article 109 of the Attorney-at-Law Act (Selection of Fine);