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(영문) 수원지방법원 안양지원 2017.09.21 2017고단596
변호사법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, and shall handle appraisal, representation, arbitration, reconciliation, solicitation, legal counseling, preparation of legal documents, or other legal affairs with respect to legal cases, such as a litigation case.

Nevertheless, on February 4, 2014, the Defendant, not an attorney-at-law, ordered D to assist in a lawsuit for the payment of the construction cost filed by D at D's office located in Suwon-si, Seoul Building 501, and then received KRW 15 million from the above office around May 2015, in relation to the lawsuit at the first instance court (Seoul High Court 2014Na57626) and the second instance court (Seoul High Court 2014Na57626).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Some of the statements made to the defendant in the police interrogation protocol (including the statement made in D);

1. Statement made by the police against D;

1. Application of the relevant statutes to the progress of the lawsuit claiming construction cost

1. An attorney-at-law on criminal facts under Article 109 subparagraph 1 of the Act and selection of punishment for imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (All conditions for sentencing, including the background of the crime and the fact that there is no record of the same kind of punishment);

1. The proviso to Article 116 of the Act;

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