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(영문) 서울남부지방법원 2013.10.29 2013고정1885
변호사법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a certified tax accountant who operates a certified tax accountant office in the name of Guro-gu Seoul Metropolitan Government D Prize B-213.

No one, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits or shall provide or promise to provide such things to a third party, in compensation for providing or arranging legal services, such as appraisal, representation, arbitration, reconciliation, solicitation, legal consultation, preparation of legal documents, etc. concerning a case, etc.

Nevertheless, on September 14, 2010, the Defendant, at the above office of the Defendant, proposed that “F shall appoint G attorney-at-law who is aware of in-house all costs of lawsuit to pay 20% of the winning share under the pretext of ex post facto contingent fees, the Defendant shall be entitled to receive 13% amount of money equivalent to 36,913 square meters of H forest and 22,215 square meters of I forest and 22,215 square meters against the current title holder, on the ground of the cancellation of title trust, from the Suwon District Court.” On September 14, 2010, the Defendant introduced G attorney-at-law from the office of the G Attorney J in Suwon-gu, Suwon-si, the Defendant agreed to receive 13% amount of money from the land appraisal in favor of the Defendant.

As a result, the defendant promised to receive money and valuables from a person other than an attorney-at-law and assisted the act of dealing with legal affairs on a case by introducing G attorney-at-law to F.

Summary of Evidence

1. Partial statement of the defendant;

1. F statement of the suspect interrogation protocol of the accused by the prosecution;

1. A certificate (No. 3);

1. The application of Acts and subordinate statutes to investigation reports (Attachment of an agreement);

1. Article 109 of the Attorney-at-Law Act applicable to facts constituting an offense and subparagraph 1 of Article 109 of the Act on the Selection of Punishment;

2. Articles 70 and 69 of the Criminal Act for the confinement of a workhouse.

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