변호사법위반
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. No person, other than an attorney-at-law, shall provide legal services, such as appraisal, representation, arbitration, reconciliation, solicitation, legal consultation, preparation of legal documents, etc. concerning legal cases, such as a request for administrative appeal, examination, objection, appeal against an administrative agency, appeal against objection, etc.;
Nevertheless, on March 30, 2012, the Defendant, without a lawyer’s license, introduced a contract for legal affairs including “request for examination and administrative appeal against Kimpo-si” to reduce the development charges to be imposed on the said land, and received KRW 45 million from the said G, in order to reduce the development charges to be imposed on the said land, from G who, as an owner of Kimpo-si, seeks to develop the said land as an owner of Kimpo-si F in his/her residence, as an driving school.
Accordingly, the defendant, not a lawyer, handled legal affairs such as legal counseling and service contracts for the reduction of development charges in return for money and valuables.
2. Determination
A. The key issue of the instant case and the issues of the instant case’s assertion are whether the Defendant included the cost of legal affairs, such as “request for examination prior to notification and administrative appeal,” in the service cost agreed upon when concluding a service contract with G on March 30, 2012 as stated in the facts charged.
In regard to this, the prosecutor asserts that the excessive calculation of the service cost of this case is because it includes the consideration for the above legal affairs that the defendant intended to conduct, and the defendant and his defense counsel have no choice but to calculate the development cost compared to other persons, so they can receive more reduction of the development charges by using it, and the above legal affairs are considered.