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(영문) 서울남부지방법원 2019.02.20 2018고단1480

변호사법위반

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

232,566,200 won shall be additionally collected from the defendant.

The above additional collection shall be reasonable.

Reasons

Punishment of the crime

The Defendant is a person who has performed legal affairs, such as personal rehabilitation, while serving as a secretary at the C judicial scrivener office located in the Nam-gu Incheon Metropolitan City from December 2, 2011 to June 2012.

No person, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits and handle legal affairs comprehensively, such as legal consultation or preparation of legal documents, with respect to non-contentious cases.

Around December 30, 2011, the Defendant, “2018 Go-Ma1480,” in collusion with “D” and “D” and “A certified judicial scrivener with which his/her name cannot be identified. After accepting a case of personal rehabilitation from the clients E, the Defendant performed legal affairs, such as representation for non-contentious cases, legal consultation, preparation of legal relations, by preparing and submitting to the court an application for personal rehabilitation, a list of creditors, a list of assets, a list of revenue and expenditure, a statement of revenue and expenditure, a written plan for repayment, etc., of the case of personal rehabilitation. From that time to June 22, 2012, the Defendant handled the case of personal rehabilitation, bankruptcy, exemption, etc., including total amount of KRW 214,450,000,00 in total as stated in the list of crimes No. 1.

Accordingly, in collusion with the above "D" and "C, the defendant dealt with legal affairs concerning non-contentious cases such as individual rehabilitation, bankruptcy, immunity, etc. in return for receiving or promising to receive money and valuables from the attorney.

around June 26, 2012, the Defendant, “2018 Highest 5428,” in collusion with C judicial scrivener offices, concluded a contract with C judicial scrivener to accept individual rehabilitation cases, and comprehensively handled legal counseling and other legal affairs concerning non-contentious cases, such as receiving a fee of 1.8 million won from F. In addition, the Defendant handled the cases including 18 individual rehabilitation, bankruptcy, and immunity, as indicated in attached Table 2 from July 26, 2012.