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(영문) 서울중앙지방법원 2016.09.30 2016노2233

변호사법위반

Text

Defendant

All appeals filed by A, D, and F and those filed by the Prosecutor C, D, and F are dismissed.

Reasons

1. As to each punishment sentenced by the first instance court of the summary of the grounds for appeal (unfair sentencing), Defendant A, D, and F, each of the above punishment is too excessive, and the Prosecutor asserts that the above punishment against Defendant C, D, and F is too unafford and unfair, and the above punishment against Defendant C, D, D, and F is too excessive. The Prosecutor asserts that the above punishment against Defendant C, D, and F is too unafford and unfair. The above punishment against Defendant C, D, and F is too excessive.

2. We also examine the argument that the sentencing of Defendant A, D, and F is unfair and the Prosecutor’s argument that the sentencing of Defendant C, D, and F is unfair.

The crime of this case deals with legal affairs, such as personal rehabilitation, bankruptcy, and face-to-face liability, even though the Defendants paid a certain amount monthly amount to the attorney-at-law and borrowed the names of the attorneys-at-law, and thus, it is necessary to strictly establish the basis of the attorney-at-law system in order to prevent unauthorized persons from participating in other persons' legal affairs and to protect the interests of interested persons and to promote the fairness of legal life and the smooth operation of legal order. In particular, Defendant A received fees in excess of KRW 3.1 billion by dealing with legal affairs, such as personal rehabilitation for a considerable period of not less than four years after the organization of the individual rehabilitation team, and thereby, received considerable gains in excess of KRW 3.1 billion. In light of the size, period, and frequency of the crime of this case, and the degree of benefits derived from the crime of this case, the liability for the crime of Defendant A is not less complicated, and the remaining Defendants also conspired with Defendant A and the attorney-at-law, who did not have been engaged in legal affairs for a short period of time.