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(영문) 청주지방법원 영동지원 2016.11.03 2016고단94
변호사법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person, other than an attorney-at-law, shall handle legal affairs in return for receiving or promising to receive money, valuables, entertainment or other benefits.

Notwithstanding that the Defendant is not an attorney-at-law, at around October 201, at the Clegal office operated by the Defendant in Yeongdeungpo-gu Seoul Metropolitan Government (Seoul Metropolitan Government) around October 201, the Defendant: (a) provided that D may be exempt from the indemnity amount of KRW 38 million due to the payment of industrial accident compensation compensation; (b) provided that (c) the Defendant would act as an agent in a lawsuit related to the payment of industrial accident compensation; and (d) agreed to receive KRW 3.5 million from D in a dispute related to the compensation for damages; and (c) provided that in return, the Defendant was transferred at the bank account (Account NumberF) in the name of the Defendant, KRW 2 million on December 10, 201, and KRW 100,000 on January 5, 2012, and KRW 500,000 on May 29, 2013, respectively.

Accordingly, even though the defendant is not an attorney-at-law, he received money and handled legal affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on deposit certificates;

1. Article 109 subparagraph 1 of the Attorney-at-Law Act, and the choice of imprisonment, inclusive, with respect to facts constituting an offense and punishment;

2. Article 62 (1) of the Criminal Act;

3. Grounds for sentencing under the latter part of Article 116 of the Attorney-at-Law Act;

1. Reduction elements: Return (including deposits) of money, valuables and other benefits (including the area of recommendation and sentence), reduction scope, and imprisonment for not more than four months;

2. The offense of this case where a sentence of sentence is to be declared is that the defendant, even though he is not an attorney-at-law, handles legal affairs by receiving money and other valuables under the pretext of acting as an agent in a lawsuit or arbitration of a dispute over compensation for damages.

Furthermore, the public nature and reliability of the judicial system by allowing only lawyers with certain qualifications and expertise to handle legal affairs.

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