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(영문) 수원지방법원 안양지원 2017.04.21 2017고단151
변호사법위반
Text

A defendant shall be punished by imprisonment for one year.

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

No person, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, handle legal affairs, such as legal counseling services or preparation of legal documents, with respect to non-contentious cases.

Although the defendant and the defendant's birth C are not an attorney-at-law, C, in the name of an attorney-at-law and a certified judicial scrivener, has a role in exercising overall control over the affairs of personal rehabilitation and bankruptcy by accepting the case in the name of an attorney-at-law and a certified judicial scrivener, and the defendant has recruited to assume the role of jointly and severally guaranteeing the client's obligations to provide counseling assistance, document collection, certificate of liability, and contract fee loan loan service.

Accordingly, on November 22, 2010, the Defendant and C accepted the case of personal rehabilitation from the client F at the E judicial scrivener office located in the fourth floor of the Seocho-gu Seoul Metropolitan Government D D Building by accepting the case of personal rehabilitation, and then dealt with legal affairs concerning non-transmission by preparing and submitting a written application for personal rehabilitation, list of creditors, list of assets, list of revenue and expenditure, statement of revenue and expenditure, repayment plan, etc. to the court. From that time to May 23, 2012, the Defendant and C dealt with the case of personal rehabilitation and bankruptcy in the name of the affiliated certified judicial scrivener office, G law office, and H law office and the attorney-at-law, as shown in the list of crimes in the attached list of crimes. In addition, the Defendant and C dealt with the case of personal rehabilitation and bankruptcy in total of KRW 1,003,101,327.

Accordingly, the defendant, in collusion with C, received money and other valuables, and dealt with the legal affairs related to non-contentious cases such as personal rehabilitation.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Credit complementary contract (No. 51 times a month), each details of loans (no. 66 times a month), standard contract for loan transactions (no. 53 times a month);

1. Application of Acts and subordinate statutes on account transactions;

1. Article 109 subparagraph 1 of the Act, Article 109 of the Criminal Act, and Article 109 of the Criminal Act, applicable to the crime;

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