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(영문) 서울남부지방법원 2016.12.16 2016고합530 (1)

변호사법위반

Text

Defendant

A and C shall be punished by imprisonment for 10 months, and by imprisonment for 8 months, respectively.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person working as a representative lawyer of law firm F from March 2014 to the fourth floor of the building in Seocho-gu Seoul, Seoul, and from around March 2014, Defendant B is a person working as a chief secretary at the above A's legal office and law firm F from May 2005, and Defendant C is a person working as a chief secretary at the above A's legal office and law firm F from March 2007 to the above A's legal office and law firm F.

1. Defendant B

(a) No one shall introduce, mediate or induce a party to a case or other interested persons to a specific attorney-at-law in advance or in return for receiving money, valuables, entertainment or other benefits with respect to the acceptance of cases or legal affairs by an attorney-at-law;

Nevertheless, around 2010, the defendant introduced a law case to be accepted between A and an attorney-at-law at the above law office, and agreed to be paid 30% of the amount excluding 10% of the value-added tax from the fee of attorney-at-law.

After that, on November 23, 2010, the Defendant introduced and arranged the civil cases of G, which are delegated to the said attorney-at-law at the said law office, and around that time, the Defendant received from the said attorney-at-law KRW 1,350,000,000, an amount calculated by subtracting the value-added tax of KRW 10% from the fee of KRW 5 million.

In addition, from March 9, 2010 to August 22, 2016, the Defendant introduced 18 legal cases, including G’s civil cases, to the said attorney-at-law from the said legal office and law firm F office, as shown in attached Table 2, and promised to receive KRW 17 million in total from the said attorney-at-law or receive money and valuables.

Accordingly, the Defendant received or promised to receive money, valuables, entertainment, or other benefits in return for introducing, arranging, or inducing the acceptance of a legal case as above.

B. The Defendant is a law firm F. from July 22, 2015 to October 18, 2016.