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(영문) 인천지방법원 2016.01.13 2015고단6578
변호사법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who has worked as an office in the “Attorney B's Office” located in the second floor of Seocho-gu Seoul Metropolitan Government C Building.

On December 2, 2013 to March 2014, the Defendant agreed to handle the case, such as personal rehabilitation, by borrowing the name of B attorney from B attorney in return for assisting B attorney-at-law to unpaid fees.

Around April 11, 2014, the Defendant received KRW 1.5 million from the client for the case of personal rehabilitation and bankruptcy at the above legal office, and received KRW 1.5 million from the client for the case of personal rehabilitation and bankruptcy, and actually handled the case of personal rehabilitation and bankruptcy on behalf of the client, such as preparing and submitting various documents, document correction, delivery, prohibition and suspension order, application for provisional seizure suspension order, cancellation of provisional seizure, etc., as shown in the list of crimes in the attached Table, and received KRW 71,00,000 from April 4, 2014 to March 2, 2015.

As a result, the defendant, not a lawyer, received money under the name of B attorney-at-law, and handled the legal affairs related to non-contentious cases such as personal rehabilitation and bankruptcy.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspects of E by the prosecution;

1. One copy of written goods and written agreements of transactions, one copy of the current status of loans by law offices B, one copy of the current status of loans by acceptance fees, one copy of the current status of loans by acceptance fees, one copy of the written agreement, one of the data on partnership, and the application of Acts and subordinate statutes of the investigative report;

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 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The late text of Article 116 of the Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The legal affairs of a person who is not an attorney-at-law, within the scope of the recommended sentence according to the sentencing criteria;

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