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(영문) 수원지방법원 안양지원 2017.06.02 2017고단154
변호사법위반
Text

A defendant shall be punished by imprisonment for two years.

269,100,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

The Defendant is a person who, from July 2009 to December 2012, 2014, works as a secretary at the E-certified judicial scrivener office located in Daegu Suwon-gu Dtel 201, from January 2015 to January 201, handled legal affairs, such as personal rehabilitation, bankruptcy, etc., while working as a secretary at the E-office located in the above Dtel 201.

1. No person, other than an attorney-at-law, who commits a crime at the office of a certified judicial scrivener, shall receive or promise to receive money, valuables, entertainment or other benefits, and handle such case with a comprehensive delegation of legal affairs, such as legal counseling services or preparation of legal documents;

Although the Defendant and F are not attorneys-at-law, the Defendant received money from clients as commission fees, and dealt with legal affairs, such as personal rehabilitation and bankruptcy, by comprehensively processing a series of business affairs, including preparation, submission, document correction, service, etc. on behalf of clients, and the F agreed to receive KRW 200,000 per case of acceptance from the Defendant in return for being aware of the aforementioned circumstances by allowing the Defendant to deal with legal affairs, such as personal rehabilitation and bankruptcy, using his/her own name, at his/her office.

Accordingly, around July 31, 2009, the Defendant and F agreed to handle all of the personal rehabilitation affairs of G with the clients at the above E judicial scrivener office, and received KRW 1.2 million under the terms of the fee, and submitted to the court an application for personal rehabilitation, a list of creditors, a list of assets, a list of revenues and expenditures, a statement, a repayment plan, a written correction, etc., and related notification to the court, and dealt with legal affairs as a comprehensive agent for the personal rehabilitation of G by means of receiving directly from the court. From that time to December 30, 2014, the Defendant and F handled 384 personal rehabilitation, bankruptcy, etc. by December 30, 2014, and received KRW 395,950,000 in total under the pretext of the commission fees from the clients.

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