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(영문) 부산지방법원 2017.08.11 2016고합951
변호사법위반
Text

A defendant shall be punished by imprisonment for two years.

140,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal records] On September 11, 2015, the Defendant was sentenced to one year and three months of imprisonment for fraud at the Seoul Central District Court on January 24, 2016, and completed the execution of the sentence at the Seoul Detention Center.

[Criminal facts]

1. No person, other than an attorney-at-law who has violated the law of defense due to the performance of legal affairs, shall receive or promise to receive money, valuables, entertainment or other benefits, and handle legal affairs, such as legal counseling services for, or preparation of legal documents related to, a non-contentious case;

Nevertheless, around April 5, 2016, the Defendant received KRW 120 million from the new bank account under the name of the Defendant (K) to the Seoul Southern District Court on April 2016, 201, and handled the legal affairs by receiving the application for the issuance and investigation of new shares from the Seoul Southern District Court and submitting a written statement on May 26, 2016 to the court, the representative director of the said company, through I, a shareholder of H (hereinafter “H”), who is a shareholder of H (hereinafter “H”).

As a result, the defendant was not a lawyer, and dealt with the legal affairs on non-contentious cases such as the issuance and investigation of new shares.

2. On April 18, 2016, the Defendant: (a) stated to the J that “In order to well proceed with the procedures for a case involving the issuance of new stocks in progress, there shall be personnel personnel to the court employees; and (b) there shall be money in need of expenses.”

The Defendant received from J on April 18, 2016, KRW 10 million from the new bank account (K) with the Defendant’s name on May 4, 2016, KRW 5 million from the same account on May 4, 2016, KRW 2.5 million from the same account on May 23, 2016, and KRW 5 million from the same account on May 31, 2016 to the same account on May 31, 2016.

Accordingly, the defendant is a public official.

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