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(영문) 서울중앙지방법원 2017.11.09 2017고단3325
변호사법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, or shall offer or promise to offer such things to a third party, in compensation for an appraisal, representation, arbitration, settlement, solicitation, legal consultation, preparation of legal documents, and other legal affairs concerning a lawsuit, a case under investigation by an investigative agency, etc.;

Nevertheless, around 21, 2014, the Defendant: (a) at the Yangcheon Police Station located in Yangcheon-gu, Seoul around 21, 201, prepared a complaint seeking punishment for the crime of fraud of E so that victims D may file a complaint against E; (b) notified police officers of the methods of responding to their questions and the methods of preparing written applications, etc.; and (c) handled legal affairs, such as legal counseling and preparation of legal related documents; and (d) received one point in sight of the market price of KRW 14 million.

As a result, the defendant was not an attorney-at-law, and received goods worth KRW 14 million in return for handling legal affairs.

2. A thief: (a) around November 24, 2015, the Defendant: (b) took advantage of the fact that the Defendant was negligent in managing cruital field owned by the crusal field owned by the crusal field owned by the F, Inc., Ltd., Ltd., Co.,, Ltd., Ltd. (the representative director D) and the victim’s H, Inc. (the victim had been residing in Japan in Japan; and (c) took advantage of the fact that the victim was negligent in managing c

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution (two times);

1. Each statement made by D and I in the statement made by the prosecution with regard to D;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of I’s written self-performance;

1. Article 109 of the Act, subparagraph 1 of Article 109 of the Act, Article 329 of the Criminal Act, and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1)1 of the Criminal Act of the suspended execution

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