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(영문) 수원지방법원 안양지원 2017.05.23 2017고단104
변호사법위반
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year;

Defendant

A 41,800,000 won shall be additionally collected.

The above additional collection charge.

Reasons

Punishment of the crime

1. Defendant A is a person who works as a secretary at a certified judicial scrivener J office located in Yeongdeungpo-gu Seoul Metropolitan Government I and the second floor from September 2009 to January 2017 and who handles legal affairs, such as personal rehabilitation, etc.

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

Although the Defendant and J are not attorneys-at-law, the Defendant, upon receiving money in the name of attorney-at-law from clients and comprehensively deal with a series of business affairs, including preparation and submission of documents, correction of documents, and delivery, on behalf of clients, etc., such as personal rehabilitation and bankruptcy, and the J agreed to receive KRW 2 million per month from the Defendant (2,00,000,000,000,000,000,000,0000 won per month) by being well aware of the aforementioned circumstances.

Accordingly, around September 25, 2009, the Defendant and J agreed to perform all of the clients’ personal rehabilitation affairs at the above JJ’s office, and received KRW 600,000 as commission fees, and then, the Defendant and the J conducted legal affairs on behalf of the K’s personal rehabilitation as a whole by preparing an individual rehabilitation application, list of creditors, list of assets, list of revenue and expenditure, list of revenue and expenditure, statement, repayment plan, correction plan, etc., and submitting the relevant notice to the court, and receiving the relevant notice from the court. From January 5, 2017, until January 5, 2017, the Defendant and the J handled 304 personal rehabilitation and bankruptcy, etc., and received a total of KRW 247,050,000 from the clients as commission fees.

Accordingly, the defendant is not a lawyer in collusion with J, but a non-legal case.

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