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(영문) 수원지방법원 2017.07.14 2017노2509
변호사법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal (unfair sentencing);

A. The sentence of the lower court (one year and six months of imprisonment, additional collection of KRW 278,050,000) is too unreasonable.

In the summary of the first oral argument on July 7, 2017, the Defendant asserts that, in addition to sentencing, part of the facts constituting an offense indicated in the list of crimes attached to the judgment below should be excluded. However, the Defendant’s assertion of mistake in facts is not stated in the petition of appeal or the statement of reasons for appeal, since it was subsequently filed after the deadline for submitting the statement of reasons for appeal. Therefore, the Defendant’s assertion of mistake in facts cannot be deemed a

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The facts charged in this case are the circumstances favorable to the defendant, such as the defendant's confession of the facts charged in this case and his mistake is divided, and the defendant has no same criminal record.

However, the crime of this case goes against the attorney system to protect the interests of interested persons and facilitate the operation of legal life and legal order by preventing disqualified persons from participating in another person's legal case, and its illegality is significant. The defendant has repeatedly conducted business with multiple clients over a five-year period of time, and thus, he was paid the fees exceeding 500 million won in total. Thus, the liability for the crime is not weak, and the defendant did not pay the principal and interest of the loan to the lending company after receiving the loan from the lending company, and the defendant was subrogated by the defendant by returning the amount equivalent to the principal and interest of the lending company at the request of the lending company because the defendant did not pay the principal and interest of the lending company after paying the loan to the lending company. This is merely a method of consuming the interest already reverted to himself after the contract with the client was concluded, or it does not constitute the price for dealing with legal affairs or deducted from the additional collection amount.

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