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(영문) 서울고등법원 2014.01.24 2013노3269
변호사법위반
Text

1. The part of the judgment of the court below regarding Defendant B shall be reversed.

Defendant

B shall be punished by a fine of KRW 15,000,000.

Reasons

Summary of Grounds for Appeal

Defendant

A The summary of the oral argument not timely filed shall be considered to the extent of supplement in case of supplemental appellate briefs not timely filed.

The defendant of mistake of facts with respect to collection of additional dues: (a) voluntarily withdraws an application for a case requested by the client; or (b) in the event that the requested case is dismissed or dismissed, he/she entered into a contract for acceptance of legal affairs concerning non-contentious cases by paying the full amount of the fees received; and (c) actually, the fees paid by the defendant for each case of this case was an average of KRW 90,000,000 between KRW

Among the 106 cases listed in the attached list of crimes (A) of the judgment below which the defendant accepted, 24 cases where the client is fully refunded the commission fee according to the rejection of the application. Thus, the amount of additional collection shall be calculated by using the fee per case as 90,000 won for 82 cases except 24 cases out of 106 cases listed in the list of crimes.

Punishments imposed by the court below on the defendant (one year of imprisonment, three years of suspended execution, community service, 80 hours of additional collection, 56,286,00 won) are too unreasonable.

Defendant

B. The Defendant of mistake of facts with respect to additional collection: (a) voluntarily withdraws an application for a case requested by the client; or (b) to fully refund the full amount of the fees received when the case requested is dismissed or dismissed; and (c) actually concluded a contract on acceptance of legal affairs concerning non-contentious cases; and (d) the fees paid by the Defendant for each case of this case was an average of KRW 900,000,000,000

(The original court recognized that the Defendants received 1.1 million won per case. Of the two overlapping cases in the list of crimes (B) recorded in the attached Table 77 of the judgment of the court below, which the Defendant handled by the Defendant [the case overlaps with Nos. 21 (No. 21), No. 22 (No. 24) of the above list of crimes], withdrawal of the application, dismissal, etc., the case where the Defendant paid the clients the full amount of the fees to be paid to the clients is up to 7 cases, such as five cases where the Defendant paid the full amount of the fees to the clients.

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