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(영문) 인천지방법원 2016.02.17 2015고단6404

변호사법위반

Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

A is a person who has dealt with cases, such as personal rehabilitation and bankruptcy, at the law firm H H H branch office in Seocho-gu Seoul Metropolitan Government 501, and at the B law office in Seocho-gu Seoul Metropolitan Government 5th floor of the I building.

Defendant

B is an attorney-at-law belonging to the B law office who has lent the above defendant A's name.

1. No person, other than a defendant A-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, in dealing with legal affairs;

A. On August 2013, the Defendant agreed to pay KRW 400,000 per case to K for the employees of the said office J and a certified judicial scrivener’s name in return for performing duties, such as preparing and submitting various documents related to the instant case, including personal rehabilitation, bankruptcy, etc., and amending documents, etc., which the Defendant kept by the head of his/her office located in Seocho-gu Seoul Metropolitan Government 501, at the U.S. branch office located in Seocho-gu Seoul Metropolitan Government Office.

On August 14, 2013, the Defendant received KRW 1.7 million from the client L at the above law firm H H branch office, and accepted the case for personal rehabilitation, and received KRW 1.7 million from the client L, and received the case for personal rehabilitation, from the clients, the Defendant actually handled the case for a series of duties, including preparation and submission of various documents, document correction, delivery, prohibition and suspension order, application for provisional seizure, cancellation of provisional seizure, and cancellation of bad credit registration, etc., on behalf of the client, from then to October 8, 2013, and received 77 cases, including the case for personal rehabilitation, bankruptcy, etc., including the case for which the amount of KRW 12,6150,00 was paid from the clients.

As a result, the Defendant received money and valuables from a person who is not an attorney-at-law and dealt with the legal affairs related to non-contentious cases such as personal rehabilitation and bankruptcy.

B. On October 2013, the Defendant, at the 5th floor of Seocho-gu Seoul Metropolitan Government Office, agreed to pay KRW 700,000,000 per month for personal rehabilitation team personnel and KRW 120,000,000 per case allowance under the condition that the Defendant borrowed the attorney’s title from B at the 5th floor of the 5th floor of the Seocho-gu Seoul Metropolitan Government I Building.