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(영문) 광주지방법원 2021.03.11 2020고단4254
변호사법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, and shall handle appraisal, representation, arbitration, settlement, solicitation, legal counseling, preparation of legal documents, and other legal affairs in connection with a litigation case, other legal cases, etc.

Around December 5, 2019, the Defendant, as the representative of the creditor collection company of the name of "C" in the Nam-gu, Nam-gu, Gwangju, was not an attorney-at-law, and the Defendant heard that in the mutual infinite coffee shop near the D church in Gwangju-gu, Gwangju, he purchased the horses of "F that would be developed immediately," and thus it is practically impossible to develop the land." On the same day, the Defendant agreed to prepare a complaint under the condition that 30% of the amount of damage was refunded at the time of return is paid as a fee. On the same day, the Defendant received 10,000 won in cash under the pretext of preparing a complaint, and thereafter, prepared a complaint under the name of "C" with the content of filing a complaint against F to "Planning real estate planning" at the Defendant's residence, and received money and valuables from three persons in total, as shown in the list of crimes, from around February 5, 2020 to March 4, 2020.

As a result, the defendant, who is not an attorney-at-law, promised to receive or promise to receive money and valuables in an investigative agency, prepares legal documents on a criminal investigation case.

Summary of Evidence

1. Each investigation report by the police on the F of the defendant's legal statement made by the defendant on the F (to hear the statements by relevant witnesses and to attach copies of passbook transactions);

1. Application of G's certificate (E) and a copy of the complaint to the Acts and subordinate statutes;

1. Article 109 of the Act applicable to the facts constituting an offense, and Article 109 of the Judicial Protection Act applicable to the selection of punishment, and the selection of fines;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The law of an attorney in charge of collection;

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