logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.06.30 2015고정3816
변호사법위반
Text

Defendants shall be punished by a fine of KRW 20,000,000.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

Defendants are attorneys-at-law belonging to law firms located in Seocho-gu Seoul Metropolitan Government C Building 801.

The Defendants agreed to receive KRW 100,000 per case of personal rehabilitation, etc. in return for lending the Defendants’ names to E, a chief executive officer of D, a law firm.

From April 29, 2014 to December 31, 2014, the Defendants got the said E from the said law firm D office to handle the cases, such as personal rehabilitation, bankruptcy, etc., of 228 individual rehabilitation, etc. as stated in the list of crimes in the attached Table, and had the said E receive a total of KRW 348,100,000 from the said office to the said law firm D office, and acquired the fees for lending the name.

As a result, the Defendants conspired to allow E, other than attorneys-at-law, to handle the legal affairs related to non-litigations, including personal rehabilitation, using the name of the attorney-at-law.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of witness E;

1. One copy of an investigation report (attached to a detailed statement of account transactions related to the payment of the nominal lending fee), and a statement of account transactions in bank accounts in the name of Law Firm D;

1. One copy of output of the current status of the loan of royalties by each rehabilitation hub, one copy of the details of the loan of royalties to law firms, one copy of the agreement on the transaction of temporary-use enterprises, prior consultation, etc.;

1. Application of Acts and subordinate statutes on the details of cash withdrawals in the account of one bank under the name of E, and payment of benefits, such as E’s accountF;

1. The Defendants: Article 109 subparag. 2 and Article 34 subparag. 3 of the Judicial Defense Act; Article 30 of the Criminal Act; and Article 30 of the Criminal Act; the selection of fines

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. The Defendants are additionally collected: each defense justice Article 116 [the profits earned by the Defendants from the crime of this case are KRW 100,000,000,000 when calculating the amount (i.e., the number of cases indicated in the list of crimes attached to the crime of this case x KRW 228 x 100,000) as the profits earned by the Defendants from the crime of this case are KRW 100,000 per case including personal rehabilitation.

Therefore, from the Defendants, KRW 11,400,00 for each of the above amounts is 1/2.00.

arrow