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(영문) 서울동부지방법원 2013.09.12 2013고단1118

변호사법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[Criminal Power] On February 7, 2013, the Defendant was sentenced to four months of imprisonment for embezzlement at the Seoul Eastern District Court, and became final and conclusive on June 3, 2013.

【Criminal Facts】

The defendant is a person who has worked as an office in the attorney-at-law office.

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. in connection with a litigation case, in return for receiving or promising to receive money, valuables, entertainment or other benefits.

Nevertheless, at around 22:00 on October 10, 2012, the Defendant received KRW 1 million from the Defendant’s E-bank account (F) around 11:00, and around 16:00 of the same month, the Defendant drafted a legal relationship with the victim’s name in front of the Gangdong-gu Seoul Sungdongdong, where it is impossible to know prior to the establishment of Gangdong-gu Seoul Metropolitan Government Office to pay to the court for recognition of the case, and then received a favorable judgment against the victim’s wife. On the contrary, the Defendant received a lawsuit seeking the return of legal reserve of inheritance against the victim’s wife and received a favorable judgment against the victim’s wife. The Defendant entered the legal reserve of KRW 1,00,000 from the Seoul Eastdong District Court.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Complaint;

1. Previous records: Application of Acts and subordinate statutes, such as criminal records, etc., an inquiry report, an investigation report, and an investigation report (Attachment to the appellate decision of a case pending in the trial);

1. Article 109 of the Attorney-at-Law Act applicable to facts constituting an offense and subparagraph 1 of Article 109 of the Act on the Selection of Punishment;