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(영문) 의정부지방법원 2016.04.21 2015고단3137
변호사법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 person, other than an attorney-at-law, shall handle, or arrange for, an appraisal, representation, arbitration, settlement, solicitation, legal counseling or preparation of legal documents in connection with a litigation case, non-contentious case, family conciliation or other general legal cases.

On June 2014, when the Defendant came to know that the victim E was awarded a contract for part of F land and the public bath building in Gyeonggi-do, the Defendant argued that G et al. claimed the claim against the public bath building and exercised the lien, and that the victim did not use the above public bath building because he did not obtain the consent to use the land on the access road to public bath, the Defendant would pay money to the victim for resolution through the public bath lawsuit.

On June 10, 2014, around 100,000 won was paid in cash from the damaged person for expenses at a luminous resting area located in the Gyeonggi-do, Gyeonggi-do, and around June 12, 2014, a 14.5 million won was transferred from the damaged person to the corporate bank account of the Defendant, and the 15.5 million won was transferred to the Defendant, and the 15.5 million won was delivered from the Defendant’s corporate bank account and the 15.5 million won was delivered to the lien person.

As a result, the defendant received money, valuables or other benefits from a person who is not an attorney-at-law, and dealt with agency, reconciliation and other legal affairs concerning general legal cases.

Summary of Evidence

1. Some statements made in the protocol concerning the examination of the suspect against the defendant by the prosecution (the purport that the defendant has been issued 15,500,000 won to the expenses related to the permission to use the land and lien);

1. Statement made by the police for E;

1. A statement of H (the purport that the defendant has been delegated with a lien-related delegation from the injured party and that he/she has conducted arbitration for the settlement, etc. of a lien);

1. Investigation report (referring to witness H telephone conversations, lien holder G telephone conversation);

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