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(영문) 의정부지방법원 고양지원 2016.11.10 2016고단1666

변호사법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

【Criminal Power】 On January 18, 2013, the Defendant was sentenced to eight months of imprisonment with labor for a violation of the Attorney-at-Law Act in the Goyang Branch of the Jung-gu District Court, and completed the execution of the sentence in the Jung-gu District Court on July 18, 2013. On August 9, 2016, the Defendant was sentenced to one year and two months of imprisonment with labor for a violation of the Attorney-at-Law Act at the Jung-gu District Court on August 17, 2016.

【The Defendant has consulted D with a request for individual rehabilitation at a coffee shop located in Gyeyang-gu, Seoyang-gu, Seoyang-gu, on October 2014, and has agreed to receive 1.5 million won for handling all administrative affairs by accepting the individual rehabilitation case. On January 8, 2015, the Defendant has prepared an application for commencement of individual rehabilitation procedures, list of individual rehabilitation creditors, list of revenues and expenditures, written statements, etc. and received them to the Jung-gu District Court; on August 3, 2015, he/she has prepared a draft repayment plan and received it to the same court; on behalf of the Defendant, he/she has been paid KRW 700,000 won on October 12, 2014; around October 28, 2014; around November 3, 2014; around 16, 2000,000 won on January 31, 2014; around 16, 2015;

Accordingly, the defendant, not an attorney-at-law, received the total amount of 1,605,160 won and represented the non-contentious case.

Summary of Evidence

1. Partial statement of the defendant;

1. D's legal statement;

1. Investigation report (verification of falsity, such as telephone number of a certified judicial scrivener office);

1. Investigation report (A's confirmation of whether an office worker is registered, etc.);

1. Investigation report (Analysis of details of account transactions) and details of account transactions;

1. Application for commencement of individual rehabilitation procedures, application for prohibition order, receipt of recommendation for correction, amendment and draft plan for repayment;

1. Written replies to the Gyeonggi-do Local Certified Judicial Scriveners Association;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to judgments, etc. on criminal records), inquiry reports on each case, and the accused and defense counsel of each judgment;

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