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(영문) 인천지방법원 2016.01.20 2015고단7037

변호사법위반

Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

The Defendant, as an attorney at the Seocho-gu Seoul Metropolitan Government building C and the attorney at the law office A, consulted D, who was not an attorney-at-law, at the above law office around November 3, 2014, received 1.7 million won fees after consulting E, and prepared documents necessary for the application for individual rehabilitation and submitted them to the competent court in the name of the above E to handle the legal affairs concerning non-contentious cases. In addition, the Defendant, from November 3, 2014 to June 30, 2015, received approximately KRW 3550,650,000 as shown in the attached crime list, and had D, who was not an attorney-at-law, handle the legal affairs, such as personal rehabilitation, by the same method.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the prosecution against the F;

1. The provisions of Acts and subordinate statutes governing the agreement on the business of law firms G, H law office business agreement, fees paid to D from Lone Star Partnership, copy of investigation report (D) , copy of investigation report (Attachment of transaction details of accounts in the name of D deposit account), copy of investigation report (Attachment of transaction details of trust fees) , case acceptance records of cases, such as personal rehabilitation, and details of adjustment by the period of contract fees paid to D, investigation report (report on the calculation of amount of penalty) ;

1. Article 109 of the Act and Articles 109 subparagraph 2 and 34 (3) of the Act, the selection of a fine concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The late text of Article 116 of the Act;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [a prosecutor shall apply for the collection of 16.2 million won (72,00 won x 225 won x 725 won x 225 won) that a defendant received as the name of the head of D in lieu of 8 million won (10 million won x 8 months x 8 months) and the value-added tax received as the name of the value-added tax, but 21 cases claimed by a defense counsel have received value-added tax as they have not been reported under the name of the law office of the defendant

there is no evidence to determine the person.

Therefore, 1,512,00 won from the above amount (72.72.