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(영문) 수원지방법원 안양지원 2018.02.21 2017고단21 (1)
변호사법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. 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 legal counseling services or preparation of legal documents, with respect to a non-contentious case;

Around March 2009, the Defendant received KRW 1,200,000 from the client E to the law firm located in Seocho-gu Seoul, even if not an attorney-at-law, and accepted the case of personal rehabilitation, and then prepared a personal rehabilitation application, list of creditors, list of property, list of revenue and expenditure, statement of revenue and expenditure, and draft repayment plan, etc., and submitted them to the court in the name of the F Attorney-at-law belonging to the said law firm D. In addition, the Defendant handled the legal affairs concerning non-contentious cases by means of submitting them to the court in the name of the above law firm F Attorney-at-law. From that time until May 2012, the Defendant handled the total of KRW 469 cases of personal rehabilitation, bankruptcy, and face book, and received a total of KRW 696,30,000,

Accordingly, the defendant, not a lawyer, received money and other valuables, and dealt with the legal affairs on the case of non-litigation such as personal rehabilitation.

2. Determination

A. Of the facts charged, the Defendant denies the charge to the effect that the part of the attached list 3 of the daily list of crimes did not constitute legal affairs handled by the Defendant regarding this part of the facts charged.

The evidence submitted by the prosecutor alone is insufficient to recognize that the defendant has dealt with the legal affairs in this part, and there is no other evidence to acknowledge it.

Rather, according to the statement No. 10, G states that this part of the legal affairs of this case is a case that he/she had been processed by another office before entering the law firm of the defendant.

B. Of the facts charged, the Defendant once again part of the attached list 4 among the facts charged, was engaged in legal affairs in accordance with the direction and supervision of the representative attorney F by law firm D with respect to this part of the facts charged, and the Defendant did not independently handle legal affairs.

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