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(영문) 서울중앙지방법원 2018.09.06 2016고단9077
변호사법위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

No person who is not an attorney-at-law shall establish and operate a law office employing an attorney-at-law.

1. On August 2012, the Defendant, along with B attorneys-at-law, agreed to establish “Law Firm D” at the fourth floor office of the Seocho-gu Seoul Metropolitan Government Office of the 4th floor of the building in Seocho-gu. On October 1, 2012, the Defendant employed an attorney-at-law around October 1, 2012, but the establishment of the said legal entity was not possible due to a dispute with B attorneys-at-law, the Defendant directly employed the Defendant on the condition that he would pay E-at-law KRW

On November 2012, the Defendant: (a) had an office with a size of 365 square meters on the second floor of the Seocho-gu Seoul Metropolitan Government F Building with a legal office facility using funds equivalent to KRW 150 million, such as leasing a deposit of KRW 80 million; (b) registered an attorney-at-law’s practice and business registration in the name of E; and (c) established and operated a legal office from November 12, 2012 to December 11, 2012 by means of handling litigation cases, etc. in the name of “D General Office” in the said office.

2. Joint crimes G with G is a person whose attorney registration was revoked on June 16, 201 while working as a lawyer from February 3, 2000.

While the Defendant was running a law office in the same manner as Paragraph 1, the Defendant retired from office by E-at-law, and even around January 2013, G took charge of the affairs such as attorney-at-law recruitment, interview with clients, client counseling, and preparation of various legal documents, and the Defendant shared a role to take overall charge of the affairs such as the acceptance of the case and the management of funds.

On February 1, 2013, the Defendant and G employed H attorney-at-law who reported the recruitment announcement of G around February 1, 2013 on the condition of paying KRW 5 million each month through a interview by G, and established and operated a law office in the name of said H by means of dealing with litigation cases, etc. from February 1, 2013 to July 22, 2014.

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