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(영문) 서울북부지방법원 2016.07.07 2015고단4448

변호사법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

A penalty of KRW 18,500,000,000,000,000,000, shall be collected from the defendant.

Reasons

Punishment of the crime

No one, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits or shall provide or promise to provide such things to a third party, in connection with a litigation case, etc., or shall handle the affairs of representation, arbitration, compromise, solicitation, legal counseling, preparation of legal documents or other legal affairs or arrange such acts.

The Defendant was residing in Gyeongbuk-gun;

C through D, E, an infant of C, is prosecuted for robbery in the Eastern District Court in Seoul.

After being introduced, C appointed a able lawyer in Seoul for E and received a request from C to request for assistance in connection with E's criminal case.

On December 24, 2013, the Defendant called to C at an unsound place, to appoint a able attorney at Seoul for E, and to assist in resolving the E criminal case well, the Defendant first borrowed money, and the Defendant stated to the effect that remuneration would also be paid upon completion of the E criminal case. The Defendant was transferred from C to a new bank account in the name of the Defendant on December 24, 2013, KRW 5 million around December 30, 2013, KRW 10 million around December 30, 2013, KRW 50 million around May 14, 2014, KRW 3 million around July 29, 2014, KRW 18.5 million in total.

From December 2013 to August 5, 2014, the Defendant provided C with search date, preparation of related documents, case search, legal counseling, etc. in connection with the E criminal case from Japan in Seoul, and C, upon the introduction of the Defendant, appointed attorney G around January 8, 2014 and around August 5, 2014, attorney H as E’s counsel, respectively. < Amended by Act No. 12168, Jan. 8, 2014; Act No. 12015, Aug. 5, 2014>

As a result, the defendant, other than an attorney-at-law, received or promised to receive money, valuables or other benefits, dealt with or arranged representation, arbitration, reconciliation, solicitation, legal counseling, preparation of legal documents, and other legal affairs concerning the case, etc.

Summary of Evidence

1. The defendant's person;