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(영문) 인천지방법원 2015.11.25 2015고단6526
변호사법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. No person, other than a defendant A-at-law, shall handle legal affairs, such as representation, legal counseling or preparation of legal documents concerning non-contentious cases, in return for receiving or promising to receive money, valuables, entertainment or other benefits;

Nevertheless, on November 29, 2013, the Defendant received KRW 402 million from Seocho-gu Seoul Metropolitan Government G Building and KRW 1.2 million from H as an attorney fees, prepared documents for individual rehabilitation in the name of attorney B and submitted them to the Seoul Central District Court located in Seocho-gu Seoul Central District Court located in 157, Seocho-gu Seoul Central District Court, Seocho-gu, Seoul. From November 29, 2013 to August 21, 2015, the Defendant received total of KRW 451,70,000,000 and handled legal affairs, such as personal rehabilitation, bankruptcy, and exemption, in the same manner as indicated in the list of crimes in the attached Table.

Accordingly, the defendant, not an attorney-at-law, handled legal affairs concerning non-contentious cases such as individual rehabilitation, bankruptcy and immunity.

2. It shall not allow or promise to receive money, valuables, entertainment or other benefits by lending the name of an attorney-at-law or a law firm, which is not a defendant B-at-law, to deal with legal affairs, such as representation for, legal counseling or preparation of legal documents with respect to non-contentious cases;

Nevertheless, from November 29, 2013 to August 21, 2015, the Defendant allowed the said A to handle individual rehabilitation, bankruptcy, and immunity cases as provided in paragraph (1) using the name of the Defendant, who is an attorney-at-law.

As a result, the defendant lent the name of the defendant to A who is not an attorney-at-law and let A deal with legal affairs concerning non-contentious cases such as personal rehabilitation.

Summary of Evidence

1. Defendants’ respective legal statements

1. I and each prosecutor's interrogation protocol against the Defendants

1. Each prosecutor's protocol of statement against J and K;

1. Application of Acts and subordinate statutes to investigation reports (report on calculation of collection amount for suspects);

1. Criminal facts;

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