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(영문) 수원지방법원 2017.06.21 2017고단1394
변호사법위반
Text

Defendants shall be punished by imprisonment for ten months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

[criminal history] On May 18, 2016, Defendant A was sentenced to eight months of imprisonment with prison labor for a crime of violating the Act on the Protection of Defense at the Suwon Station, and the judgment became final and conclusive on December 31, 2016, and completed the execution of the sentence at the Suwon Detention Center on January 14, 2017.

[Criminal facts] No person, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, and handle legal affairs, such as representation, legal counseling, preparation of legal documents, etc.

1. The Defendants, despite the fact that they are not attorneys-at-law, agreed to accept and deal with the individual rehabilitation and bankruptcy in the name of the attorney-at-law, and agreed to divide their profits.

Accordingly, on April 7, 2010, the Defendants received 1,000,000 won from the client F to the “Law Office E” on the second floor of the D Building in Suwon-si, Suwon-si, and accepted the case of personal rehabilitation, and then dealt with the legal affairs regarding non-transmission by preparing an individual rehabilitation application, list of creditors, list of property, list of revenue and expenditure, statement of revenue and expenditure, repayment plan, etc., and submitting it to the court in the E attorney’s name. From March 10, 2010 to June 30, 2010, the Defendants received the total amount of 21 personal rehabilitation and bankruptcy in the name of the E attorney from March 10, 2010 to June 30, 2010.

As a result, the Defendants conspired to receive money and other valuables, and dealt with the legal affairs related to the case of non-litigation such as personal rehabilitation.

2. On November 3, 2010, Defendant A received fees of KRW 800,000 from the clients in the “Attorney H-Law Office” located in the second floor of the building in Suwon-si, Suwon-si, Suwon-si, and accepted an individual rehabilitation case, Defendant A prepared an individual rehabilitation application, a list of creditors, a list of property, a list of revenue and expenditure, a statement of revenue and expenditure, a repayment plan, etc. and submitted it to the H attorney’s name.

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