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(영문) 수원지방법원 2019.02.13 2018고정1919

변호사법위반

Text

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

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

Reasons

Punishment of the crime

No person, other than an attorney-at-law, shall receive money, valuables, entertainment or other benefits and handle legal counseling services, preparation of legal documents, or other legal affairs concerning a litigation case.

1. On December 22, 2017, the Defendant received KRW 1250,00 in return from D around the 19th day of the same month, and received the written complaint from Suwon District Court on the 22th day of the same month. The Defendant received the written complaint from Suwon District Court on the 22th day of the same month.

Accordingly, the defendant, not an attorney-at-law, provided legal counseling services in return for payment from D, prepared a complaint which is a legal-related document, and provided legal services by receiving it to the court.

2. On February 12, 2018, at the above C office, the Defendant filed a lawsuit claiming the price of goods, etc. with D as the Defendant at the Suwon District Court. Upon receiving a request to respond to the request, the Defendant provided legal counseling and confirmation of the duplicate, etc. of the complaint, and received KRW 50,000 from D in return for the request.

Accordingly, the defendant, not a lawyer, provided legal counseling services in return for payment from D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the protocol of renunciation of the Osan-si Court (2017 Ghana 31058), the complaint and the judgment (2018 Ghana 226), the Acts and subordinate statutes on transaction lists by account;

1. Article 109 of the Attorney-at-Law Act applicable to the facts constituting an offense, and Article 109 subparagraph 1 (a) and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The latter part of Article 116 of the Attorney-at-Law Act;

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