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(영문) 수원지방법원 2016.04.14 2016노628
변호사법위반
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) the summary of the grounds for appeal by the counsel recognized the error of the Defendant; (b) the Defendant committed the instant crime in the course of economic difficulties after withdrawal from the bank due to the IMF situation; (c) the Defendant was responsible for supporting his/her family; (d) he/she faithfully served as a bank source, etc. for at least 20 years; (c) the withdrawal from the law office on October 1, 2015; (d) the health condition was not good; and (e) there was no record of criminal punishment, the lower court’s sentence that sentenced the penalty of KRW 1.8, 189,300,000, which is too unreasonable.

2. The crime of this case is handled by the defendant, who is the head of the law office, who is not an attorney-at-law, even though he is not an attorney-at-law. It damages the basis of the attorney-at-law system to prevent the non-qualified person from participating in legal cases of others, protect the interests of interested persons, promote the fairness of legal life and the smooth operation of legal order. It is highly likely to mislead the purpose of the individual rehabilitation and bankruptcy system by encouraging reckless individual rehabilitation and bankruptcy applications. The defendant handled about 1,07 legal affairs over seven years, and the amount paid as a commission exceeds 580,281,000 won. Among them, even if the defendant was excluded from the money paid as a fee, the amount of crime acquired by the defendant is significant. The scope of recommending punishment for the crime of this case according to the sentencing guidelines of the Supreme Court Sentencing Committee is two years to seven years, and the punishment of other defendants who were tried by the same crime was not prosecuted at the same time, considering the motive and circumstance of the crime of this case, the records and degree of injury before and circumstances of this case.

3. The appeal by the defendant is justified.

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