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(영문) 수원지방법원 안양지원 2017.04.13 2016고단2043
변호사법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

159,120,000 won shall be additionally collected from the defendant.

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.

On April 22, 201, the Defendant, even if not an attorney-at-law, received 1,00,000,000 won from the client H at the law office GJ located in Nam-gu, Nam-gu, Nam-gu, the Defendant accepted the case of personal rehabilitation, and then dealt with the legal affairs concerning non-contentious cases by preparing an individual rehabilitation application, list of creditors, list of property, list of revenue and expenditure, list of revenue and expenditure, statement, repayment plan, etc. and submitting it to the court in the name of G attorney-at-law in the name of G attorney-at-law. From that time until October 21, 2016, the Defendant handled 442 individual rehabilitation and the case of individual bankruptcy in the name of G attorney-at-law and received a total of 55,60,000,000 won.

Accordingly, the defendant, not a lawyer, received money and other valuables, and dealt with the legal affairs on the case of non-litigation such as personal rehabilitation.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness G;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Investigation report (the details of transactions received by the person under investigation from I, and the details of final loans related to the G attorney-at-law office);

1. The application of Acts and subordinate statutes on the agreement of affiliated financial franchise stores, and the agreement of affiliated companies;

1. An attorney-at-law on criminal facts under Article 109 subparagraph 1 of the Act and selection of punishment for imprisonment;

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. Reasons for sentencing under Article 116 of the Act - Reasons for sentencing favorable to an attorney-at-law: The fact that there is no record of identical punishment - Circumstances unfavorable to him/her : The number of cases which he/she has operated repeatedly against many clients and which he/she has accepted was 442, and the case fee is 55,60,000 won in total - Other circumstances: the circumstances before and after the commission of the crime, the age, environment, etc. of the defendant;

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