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(영문) 서울고등법원 2014.02.06 2013노3268
변호사법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A, C, D, and G: The sentence imposed by the lower court on the said Defendants (Defendant A: imprisonment with prison labor for one year; three years of suspension of execution; community service order 80 hours; surcharge 75,93,000 won; surcharge 15,000 won; surcharge 27,612,000 won; surcharge 27,000 won; surcharge 12,000,000 won; surcharge 21,71,000 won; surcharge 7,000,000 won; surcharge 7,000,000,000 won; surcharge 6,372,000 won; and surcharge 0 won.

B. Defendant F1) 2,10,12,15, 16, 31, 32, 34, 35, and 36 of the table of crime (F) attached to the judgment of the court below, the case was dismissed, and all the clients of the case were returned. Since the part Nos. 23,25, 26, and 27 of the table of crime (23, 26, and 27 of the same table of crime was not received or the money was returned in advance, the above sum of 14 acceptance fees (1,100,000 won x14) shall be deducted from the above sum of 14 acceptance fees. 2) Punishment of Defendant F (a fine of KRW 12,00,000,000, 16,000 won, and 16,000 won) imposed by the court of unfair sentencing on Defendant F is too unfair.

2. Determination on Defendant F’s assertion of additional collection charges

A. In full view of the adopted evidence, the lower court found Defendant F guilty of committing a crime of which the legal affairs concerning non-contentious cases are handled by receiving 36,00,000 won per case throughout 36 times, such as the list of crimes (F) attached to the lower judgment, without attorney-at-law who vicariously files an application for bankruptcy, exemption, rehabilitation, etc., on 36,00 won per case, and on which Defendant F collected 19,116,000 won per case ( KRW 531,000 x 36) from Defendant F, by deeming that the net profit that Defendant F obtained is KRW 531,000 per case.

B. The judgment of this court 1) Defendant F derived confirmation of the fact that Defendant F had received the case free of charge from AK as stated in the attached list of crimes (F No. 32) in the judgment of the court below and asserted in the grounds for appeal.

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