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(영문) 서울중앙지방법원 2015.12.17 2015고정3361
변호사법위반
Text

Defendant shall be punished by a fine of four 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 arrange legal counseling services, preparation of legal documents or other legal services with respect to legal cases, in return for receiving or promising to receive money, valuables, entertainment or other benefits.

The Defendant is a person working as the secretary of the office of “D” attorney in Seocho-gu Seoul Metropolitan Government.

around April 2013, the Defendant: (a) at the F Judicial scrivener Office in Seongdong-gu, Seongdong-gu, Seoul; (b) prepared a written complaint and provided legal counseling on the instant case; (c) prepared a written complaint with H; and (d) received KRW 1 million around April 30, 2013 from the said G; and (c) received KRW 1.6 million in total from the said G on May 25, 2013, and received KRW 2.6 million in total, respectively.

Accordingly, even if the defendant is not a lawyer, he received money from G and provided legal counseling or preparation of legal documents about legal cases.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning G;

1. Application of the Acts and subordinate statutes to the complaint;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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