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(영문) 서울중앙지방법원 2019.02.19 2018고정1441
변호사법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one, other than an attorney-at-law, shall handle or promise to receive money, valuables, entertainment or other benefits, in connection with representation, arbitration, reconciliation, solicitation, legal counsel, preparation of legal documents, and other legal services with respect to cases of litigation, cases of investigation being handled by an investigative agency or other general legal cases.

On September 8, 2017, the Defendant, at the office located in the third floor of the Yeongdeungpo-gu Seoul Metropolitan Government B building, would recover the amount of damage by proceeding criminal and civil procedures with respect to the case where the victim C suffers damage without permission and fraud. Accordingly, the Defendant requested the victim to request the contingent fee of KRW 2 million and KRW 3 million in cash at the same place, and provided the victim with legal affairs such as preparation of a written complaint, receipt of a written complaint, submission of reference materials, and legal consultation at the prosecutor's office.

By December 18, 2017, the Defendant received 3,767,600 won in total on five occasions every five occasions under the name of the Defendant’s D Bank account (E), stamp, delivery fees, and civil acceptance expenses, including the payment of KRW 1 million.

As a result, the defendant was not an attorney-at-law and dealt with legal affairs in relation to investigation cases and litigation cases being dealt with by an investigative agency.

Summary of Evidence

1. Each legal statement of witness C and F;

1. A deposit transaction list and a specification of transactions;

1. The summary order of this case applied to the text message CD-related statute, such as the closure of text messages, photo and recording, did not sentence confiscation or collection pursuant to Article 116 of the Attorney-at-Law Act, and only the Defendant requested formal trial, the Defendant cannot sentence confiscation or collection, as it cannot be sentenced to new forfeiture or collection pursuant to the principle of prohibition of disadvantageous alteration. Thus, no confiscation or collection shall be sentenced.

1. Article 109 of the Attorney-at-Law Act applicable to facts constituting an offense, Article 109 of the Act on the Selection of Punishment, and Selection of fine

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;

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