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(영문) 수원지방법원 안양지원 2017.11.16 2017고단1036
변호사법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for one year.

However, this decision is delivered to the Defendants.

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 legal affairs, such as representation for, legal counseling on, preparation of legal documents related to, etc. in connection with non-contentious cases.

Despite the fact that Defendants are not attorneys-at-law, they thought to handle the case of individual rehabilitation and bankruptcy in the name of the F-at-law by accepting the case of individual rehabilitation and bankruptcy, and the heads of about 10 administrative affairs, including Defendants and G, advertised many and unspecified persons to enter into a contract of acceptance after consulting with the clients, and prepare various documents such as the application for individual rehabilitation, submit them to the court, and perform the order of correction of the court, and agree to pay 10,000 won per case to F-at-law who lent

Accordingly, around May 11, 2012, approximately 10 administrative officers including the Defendants and G handled the case in the F attorney’s name by preparing a personal rehabilitation application, list of creditors, list of assets, list of revenue and expenditure, statement, repayment plan, etc., and submitting it to the court in the F attorney’s name, etc. In addition, around March 29, 2013, the Defendants and the ten executive officers handled the case in the F attorney’s name such as personal rehabilitation, bankruptcy, liability, etc., and received a total of KRW 584,850,000,00 in the aggregate.

As a result, the Defendants in collusion with about 10 office chiefs including G, and dealt with the legal affairs related to non-contentious cases, such as personal rehabilitation, by receiving money and other valuables from the attorney-at-law.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Statement made by the prosecution with regard to I;

1. A copy of the written agreement on transactions with the business suspension body, or passbook; and

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