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(영문) 수원지방법원 평택지원 2017.05.11 2016고단2285
변호사법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal record] On November 11, 2015, the Defendant was sentenced to two and half years of imprisonment and four years of suspension of execution on November 19, 2015 to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, etc. at the Suwon District Court’s House, and the above judgment became final and conclusive on November 19, 2015. On February 4, 2016, the same court was sentenced to six months of imprisonment and one year of suspension of execution on February 12, 2016.

[ criminal facts] No person, other than an attorney-at-law, shall handle or arrange appraisal, representation, arbitration, settlement, solicitation, legal consultation or preparation of legal documents with respect to cases, litigation cases, non-contentious cases, family conciliation and other general legal cases, or arrange such acts.

Nevertheless, even if the Defendant is not an attorney-at-law, the Defendant stated to the effect that “I will know from the beginning all of the auction process, real rights, profitability analysis, etc.” to E at the office located in the Gu office in the Gyeonggi-si, Gyeonggi-si, the Gyeonggi-si, a member of the Gyeonggi-si, a member of the Gyeonggi-do, “I are the U.S. attorney-at-law, who is an expert in the resolution of lien, and would be able to solve the progress of auction, real rights, profitability analysis, etc.”

7.2. Around the day of the award, the Plaintiff received KRW 30 million in cash as an advance payment from E and agreed to receive KRW 20% of the appraisal price as an additional fee after the award.

After that, on August 5, 2014, the Defendant returned the said advance payment of KRW 30 million to E, but again agreed to receive 20% of the appraisal value.

In G real estate auction conducted by the Daejeon District Court on August 5, 2014, the Defendant continued to allow E to participate in the auction process, such as preparing and submitting a written tender on behalf of E to the said court on August 22, 2014, and submitting to the court an application for exclusion of lien on the land. This would result in E’s successful bid on the land at KRW 78,2190,000.

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