변호사법위반
A defendant shall be punished by imprisonment for not less than one year and six months.
80,780,000 won shall be additionally collected from the defendant.
The additional collection charge shall be equivalent to the above additional collection charge.
Punishment of the crime
The Defendant is a person who, from March 201 to January 2014, works as a secretary at the E-legal office (F law office) located on the fourth floor of the Seocho-gu Seoul Metropolitan Government D Building and who handles legal affairs, such as personal rehabilitation and bankruptcy.
No person, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, and handle legal affairs comprehensively delegated, such as representation for, legal counseling on, preparation of legal documents related to, etc. in connection with non-contentious cases.
On March 16, 2011, the Defendant accepted the case of personal rehabilitation by receiving KRW 2.4 million from the client G at the above E-legal office, and then prepared an application for personal rehabilitation, list of creditors, list of property, list of revenue and expenditure, statement, and repayment plan, etc., and submitted it to the court in the F-Attorney’s name. In addition, until March 16, 2012, the Defendant handled 363 cases, including personal rehabilitation, bankruptcy, and face-to-face book, and received KRW 458,300,000 in total by handling the case including the above 363 cases, as shown in the attached list of crimes, from March 16, 2012.
Accordingly, the defendant, not a lawyer, received money and valuables, and dealt with the legal affairs related to non-contentious cases such as personal rehabilitation, bankruptcy, and face-to-face liability.
Summary of Evidence
1. Statement by the defendant in court;
1. A copy of the passbook, a copy of the passbook, the acceptance status of individual rehabilitation cases, standard loan transaction contract, account transaction details, and payment details by office (E law offices and A).
1. Article 109 of the Act applicable to the facts constituting a crime, Article 109 of the Act, and the choice of punishment by imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 116 of the Additional Collection Attorney Act [the defendant 40,000 won per case, delivery fee of 500,000 won, and delivery cost of proof of liability]
Since the prosecutor made a statement in the prosecution, 1,040,000 won per case in favor of the defendant (=40,000 won) 50.