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(영문) 인천지방법원 2016.04.20 2015고단6798 (1)

변호사법위반

Text

Defendant shall be punished by a fine of five million won.

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

1. He/she shall not lend his/her name to C to a person, other than an attorney-at-law or a law firm, who receives or promises to receive money, valuables, entertainment or other benefits, and shall not allow C to perform legal affairs, such as representation for, legal counseling on, preparation of legal documents related to, etc. in connection with non-contentious cases;

Nevertheless, from March 18, 2014 to February 26, 2015, the Defendant received 1,900,000 won from the office of "Law Firm E" in Seocho-gu Seoul Metropolitan Government D D Building, and had C pay 1,90,000 won from F as commission fees, and then prepared individual rehabilitation documents in the name of Law Firm E in the name of Law Firm E and submitted them to the Seoul Central District Court of Seocho-gu, Seocho-gu 157, Seocho-gu, Seoul Central District Court in the same manner, and received total of KRW 472,40,00 as commission fees, and handled the legal affairs, such as personal rehabilitation, bankruptcy, and face liability.

In accordance with the result of the examination of evidence, the above facts are acknowledged, but since there is a reduction that does not hinder the guarantee of the defendant's right to defense, it is recognized without the change of indictment (the investigation record No. 625-631, the net time No. 187 are deemed to overlap with the No. 213). Accordingly, the defendant lent the name of law firm E to C which is not an attorney-at-law and let C handle legal affairs concerning non-litigation

2. From May 7, 2014 to December 12, 2014, the Defendant, in the name of G, received KRW 1,600,00 from G to “Law Firm E” office, and had G receive KRW 1,60,000 as commission fees from H, and then prepared and submitted documents for personal rehabilitation application in the name of law firm E to the Seoul Central District Court in the name of law firm E, and in the same manner, had G handle legal affairs, such as the total commission fees of KRW 64,00,000, total amount of KRW 42 personal rehabilitation, bankruptcy, and facebook.

As a result, the defendant lends the name of law firm E to G which is not a lawyer, thereby having G personal rehabilitation, etc.