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(영문) 인천지방법원 2015.12.24 2015고단6774
변호사법위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

No person, other than an attorney-at-law, shall handle legal affairs, such as representation, legal counseling or preparation of legal documents with respect to non-contentious cases in return for receiving or promising to receive money, valuables, entertainment or other benefits.

Nevertheless, on November 1, 2013, the Defendant received KRW 3,00,000 from D as a commission fee, and treated the case, such as personal rehabilitation, bankruptcy, and exemption, by receiving KRW 183,850,000 in total as a commission fee, in the same manner as shown in the attached Table of crime list, from November 1, 2013 to August 22, 2014, the Defendant received KRW 183,850,00 as a commission fee, and handled the case, such as personal rehabilitation, bankruptcy, and exemption.

Accordingly, the defendant, not an attorney-at-law, handled legal affairs concerning non-contentious cases such as individual rehabilitation, bankruptcy and immunity.

Summary of Evidence

1. Defendant's legal statement;

1. An investigation report (mainly accompanied by the copy of the protocol of F, G, and H by the staff members of our hub loan);

1. Details of loans received under the name of the C law office;

1. Application of a written agreement of suspension of business, written goods, and statutes on the business place;

1. Article 109 subparagraph 1 of the Attorney-at-Law Act, Article 30 of the Criminal Act, the choice of imprisonment with prison labor concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (the size of trees and benefits, the size of gains without the same kind of power, and the balance with similar cases);

1. Article 116 of the Attorney-at-Law Act;

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