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(영문) 서울중앙지방법원 2017.04.14 2016노3675
변호사법위반
Text

Of the judgment of the first instance court, the part of additional collection against Defendant A and G shall be reversed.

Defendant

A 126,126,713 won, Defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (misunderstanding of facts, misunderstanding of the law, and Sentencing) 1) The Defendant did not lend his attorney’s name to perform legal affairs, but dealt with cases such as personal rehabilitation, etc. on the law firm’s responsibility and account under the direction and supervision of Q, an attorney-at-law, and thus does not constitute a crime of violation of defense justice.

(ii)the sentence sentenced by the first instance court (two years of imprisonment, additional collection in 212,97,013) is too unreasonable;

B. Defendant B and H (misunderstanding of facts, misunderstanding of the law, and Sentencing) 1) The Defendants dealt with cases involving the rehabilitation of individuals on the law firm’s responsibility and account under the direction and supervision of Q lawyer, which do not constitute a crime of violation of defense justice.

2) The sentence sentenced by the first instance court (Defendant B’s imprisonment, Defendant H’s fine of KRW 7,00,000) is too unreasonable.

(c)

Defendant

C The sentence sentenced by the first instance court (unfair sentencing) is too unreasonable.

(d)

Defendant

D. The sentence sentenced by the first instance court (unfair sentencing) (2 years of suspended sentence in October) is too unreasonable.

E. Defendant E, G, I (Factual misunderstanding, legal misunderstanding, and Sentencing 1) The Defendants dealt with cases involving personal rehabilitation, etc. on the law firm’s responsibility and account under the direction and supervision of Q lawyer, which do not constitute a crime of violation of defense justice.

2) The Defendants, as the employees of the attorney-at-law office, were employed in relation to the individual rehabilitation and bankruptcy, and were in charge of the preparation of business and documents related to the individual rehabilitation and bankruptcy, and did not commit the crime of violation of the law of defense by either soliciting with or sharing the act of practice

3) The sentence sentenced by the first instance court (2 years of suspended sentence in August of the imprisonment, Defendant G fine of KRW 10,000,000, Defendant I fine of KRW 5,000,000) is too unreasonable.

4) Defendant G paid the money as salary amounting to KRW 26,558,740. The first instance court collected a higher amount of KRW 29,880,000.

F. Of the first instance judgment of the prosecutor (unfair sentencing).

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