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(영문) 인천지방법원 2016.03.24 2015고단6579
변호사법위반
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of thirty thousand won,00,000 won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is a person who is in office in the “F Judicial scrivener Office” located in Seocho-gu Seoul Metropolitan Government E building 301, and Defendant B is a certified judicial scrivener who operates the above “F Judicial scrivener Office” and both Defendants are not attorneys-at-law.

No person, other than an attorney-at-law, shall handle legal affairs, such as representation for, legal counseling on, preparation of legal documents related to, or in promising to receive money, valuables, entertainment or other benefits.

The Defendants, through the NAV advertising and KT telephone advertising, provided that Defendant A provided legal services, such as personal rehabilitation, bankruptcy, and face-to-face liability, by providing the clients with an amount of money in the name of commission fees and providing them with comprehensive handling of a series of affairs, such as preparation and submission of documents, document correction, service, etc. on behalf of the clients. Defendant B provided that Defendant A, while being aware of the above circumstances, he provided that Defendant A would be able to perform legal affairs, such as personal rehabilitation, bankruptcy, etc. using the name of Defendant B certified judicial scrivener, and in return, Defendant A agreed to receive monthly lending fees from Defendant A.

Accordingly, on July 15, 2014, the Defendants agreed to perform all of the personal rehabilitation affairs of G and G in the “F Certified Judicial Scriveners Office” and received KRW 1,600,000 as a commission fee, and around that time, prepared the list of creditors, list of property, list of revenue and expenditure, statement, written repayment plan, written correction plan, etc., submitted to the court, and submitted the relevant notice to the court, and received the relevant notice as a comprehensive agent for the personal rehabilitation of G in the same manner as indicated in the list of crimes in the attached Table from July 15, 2014 to August 28, 2015.

As a result, the Defendants conspired to act as a lawyer.

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