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(영문) 대전지방법원 논산지원 2012.02.22 2011고합46

변호사법위반

Text

Defendant

A Imprisonment for one year, Defendant B shall be punished by a fine of 25,00,000 won, and Defendant C shall be punished by a fine of 15,00,000 won.

Reasons

Punishment of the crime

Defendant

B is an attorney-at-law who has operated the “Law Office B” and Defendant C is an attorney-at-law who has operated the “Law Office C” (Law Office G Daejeon Branch from May 2006 to August 2007).

1. Defendant A

A. Around January 2008, Defendant A proposed that Defendant B will register Defendant B as an attorney-at-law’s legal office in the form of B and use the office, and that Defendant B will receive registration duties independently under his own account under the name of “registration affairs” and that Defendant B will receive a fixed amount of KRW 2 million per month regardless of monthly sales in return for performing registration duties using the name of the attorney-at-law in the name of Defendant B, and Defendant B also accepted this.

Since February 208, from around August 201 to August 201, Defendant A received KRW 184,277,810 as the aggregate of the registration fees from the clients, while processing the application for registration as above from February 2008 to August 201, 201, when Defendant A received the registration fees, including the registration of creation of neighboring mortgage and the registration of ownership transfer related thereto required for the loan process of financial institutions through the IF and the JF branch of the JF branch. In addition, Defendant A received KRW 184,27,810 from the clients as the aggregate of the registration fees by means of preparing documents using the name of the attorney B and directly receiving the registration fees from the competent registry.

As a result, Defendant A handled the case of registration application by receiving money and valuables from a person other than an attorney-at-law.

B. On April 2005, Defendant A registered Defendant C as a secretary of the legal office of an attorney-at-law in the form and using the office. The office is a fixed amount of KRW 1,50,000 per month regardless of monthly sales in return for performing registration affairs by using the name of the attorney-at-law in the name of Defendant C when he independently accepted and handled the registration affairs under his own account under the name of “registration affairs”.