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(영문) 인천지방법원 2016.07.15 2015고정3041
변호사법위반
Text

Defendants shall be punished by a fine of KRW 20,000,000.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

No one shall lend the name of an attorney-at-law or a law firm to any person other than an attorney-at-law to receive or promise to receive money, valuables, entertainment or other benefits, and have him/her handle legal affairs, such as legal counseling services or preparation of legal documents, with respect to non-contentious cases.

Nevertheless, from April 2, 2013 to December 1, 2013, the Defendants conspired to use the name of the law firm F (Attorney in charge) in Seocho-gu Seoul, Seocho-gu, Seoul, the Defendants received KRW 202, and the Defendants received KRW 241,250,000 in total from E, for legal affairs, such as personal rehabilitation, bankruptcy, and face-to-face liability, including 395,250,00 won in total and 20,000 won in total, as shown in the list of crimes.

As a result, the Defendants conspired to lend the name of Law Firm F and Attorney B to E who is not an attorney-at-law and let E deal with the legal affairs related to non-litigation cases such as personal rehabilitation.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Partial statement of witness E;

1. Copy of each protocol concerning the examination of suspect by the prosecution against G, E, or Defendant A;

1. Application of Acts and subordinate statutes to investigation reports (verification of the number of cases accepted, amount, details of payment of legal affairs, etc.);

1. The Defendants of relevant legal provisions pertaining to criminal facts: Article 109 Subparag. 2, Articles 34(3) and 57 of the Judicial Act; Article 30 of the Criminal Act (a comprehensive title of a law firm), Article 109 Subparag. 2 and 34(3) of the Criminal Act; Article 30 of the Criminal Act (a comprehensive title of a law firm); and Article 30 of the Criminal Act (a comprehensive title of an attorney-at-law);

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Selection of each alternative fine for punishment;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. The Defendants were additionally collected: each defense Justice No. 116 [Defendant B’s length of 2.5 million won per month and Defendant A’s payment of KRW 100,000 per case.]

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