2015 Highest 6893 Violation of the Attorney-at-Law Act

○○ Kim (73 - 1), and the Bracker in individual rehabilitation cases

Seongdong-gu Seoul residential

whose place of registration is known

door-○ (67 - 1), Attorney-at-law

Gangnam-gu Seoul residential

Gunsan City of Original domicile

Kim Tae-tae (Lawsuits) and Kim Jong-tae (Trial)

Law Firm Lee Ji-dam, Attorney Lee Jong-hwan (a private ship for defendant Kim ○-○)

Law Firm ○, Attorneys Park Jong-ok (private ships for the purpose of Defendant 1’s text)

April 7, 2016

Defendant ○○○ shall be punished by imprisonment with prison labor for up to two years and six months, and by imprisonment with prison labor for up to one year.

However, with respect to the defendant's door ○, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The sum of KRW 1,347, 665, and 252 from Defendant ○○○, and KRW 271,570,000 shall be additionally collected from Defendant ○○○, and KRW 271,570.

To order the Defendants to pay an amount equivalent to the above additional charges.

Facts of crime

【Status of Defendants】

Defendant ○○○ is a person who handles legal affairs, such as individual rehabilitation, bankruptcy, etc., at the law firm office located in Seocho-dong, Seocho-gu, Seoul, ○○○○○○○○○○ ○○○ 2nd from July 2012 to September 2015. Defendant ○○ is a person who, from November 201, worked as the above law firm representative attorney from around 201 to around 00, lent his/her attorney-at-law name to the above Kim○.

[Criminal facts] A person who is not an attorney-at-law shall not receive or promise to receive money, valuables, entertainment or other benefits, and shall not handle legal affairs, such as representation, legal counseling, preparation of legal documents, etc. as to non-contentious cases. 1. Defendant Kim○-○

Around June 2012, the Defendant: (a) accepted cases, such as individual rehabilitation, bankruptcy, etc. in the name of ○○○ Family Head; and (b) the Defendant provided legal services, such as preparing and submitting various documents to a court; and (c) in return, the ○○ agreed to receive KRW 3 million per month and KRW 30,000 (including surtax 80,000) per case. On December 12, 2012, the Defendant accepted individual rehabilitation from ○○○○○○○○○○ Office and received fees from the clients for personal rehabilitation and received fees of KRW 1,50,000 from the clients; (b) received various documents; (c) applied for the preparation and submission of documents; (d) delivery; (e) application for suspension; (d) cancellation; and (e) cancellation of the registration; and (e) received individual rehabilitation claims on behalf of the clients; and (d) received money and valuables from the clients to September 7, 2015.

2. Defendant’s door-○○

From December 12, 2012 to September 7, 2015, the Defendant lent the Defendant’s attorney-at-law from the above law firm to the above Kim○○, who is not an attorney-at-law, to the above Kim○○, and let the above Kim○○ handle the instant case, such as individual rehabilitation, bankruptcy, etc., including a total of KRW 1,339 cases, and a total of KRW 1,79,3310,000,000,000,000,000,000,000,000,000,000) as indicated in the attached crime list. Accordingly, the Defendant had Kim○, who is not an attorney-at-law,

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement by the prosecution on the ○○○;

1. An investigation report (in addition to a copy of the agreement on temporary suspension of business concluded between Lone Star Partnership Loan and Brorok Kim ○○, a copy of the agreement on temporary suspension of business (the agreement on temporary suspension of business concluded between Lone Star Partnership Loan and Brok Kim ○). An investigation report [Attachment of the agreement on temporary suspension of business concluded between Korea and Kim ○], an investigation report [Attachment of the agreement on temporary suspension of business concluded between Korea and 200], an investigation report (total sum of fees received by ○○ Kim ○○ by personal rehabilitation hub in the law firm’s private rehabilitation hub and our hub loans and our hub loans). In an investigation report (the account tracking results - a confirmation of the use of the fee received by ○○○○○). In an investigation report (Calculation of an additional collection amount)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

○ Defendant Kim-○: Article 109 subparag. 1 of each Attorney-at-Law (Appointment of imprisonment)

○○○○: Article 109 Subparag. 2 and Article 34(3) of the Attorney-at-Law Act (Optional to Imprisonment)

1. Aggravation for concurrent crimes;

○ Defendants: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Suspension of execution;

○ Defendant’s door-○: Article 62(1) of the Criminal Act (The following extenuating circumstances are considered for the reasons for sentencing)

1. Additional collection:

1. The defendants: Article 116 of the Attorney-at-Law Act / [A prosecutor is entitled to impose additional dues of KRW 1,321, 713, and 182 on the defendant Kim○-○, but he is entitled to impose additional dues of KRW 339,425,50, and the amount of KRW 106,219,248, which has been refunded or offset by the revocation of the acceptance of the case, and KRW 1,347, 665, and 252, respectively] 1.

○ Defendants: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act

1. Defendant Kim○-○

(a) Application of the sentencing criteria;

[Scope of Recommendation] Type 5 (at least KRW 100,00) (at least KRW 100,00) increase area (at least two years to seven years)

[Special Persons under Guard] When they repeatedly or systematically committed a crime against multiple clients or committed a business crime

(b) Determination of sentence;

In full view of the following circumstances and other conditions of all the sentencing indicated in the records, such as the Defendant’s age, occupation, character and conduct, environment, and circumstances before and after the instant crime, the sentence identical to the order shall be determined. ○ favorable circumstances: (a) the Defendant recognized his mistake and reflects the Defendant; (b) there is no history of punishment exceeding the fine imposed on the Defendant; (c) there is no circumstance that the Defendant’s application for individual rehabilitation itself was involved in tort, including the fabrication of documents; and (d) there is a person between the Defendant’s family members and the branch members

○ Unfavorable Circumstances: The instant crime was committed by a person, other than an attorney-at-law, who has been engaged in legal affairs for a long period of time by lending the name of attorney-at-law. It was serious criminal that undermines the general social trust in the attorney-at-law system; the Defendant led the instant crime; and the frequency of the crime and the sum

2. Defendant’s door-○○

A. The offense in the judgment is not set the sentencing criteria.

(b) Determination of sentence;

The sentence identical to the order shall be determined by comprehensively taking account of all the conditions of sentencing as shown in the records, such as the age, occupation, character and conduct, environment of the defendant and the circumstances before and after the crime of this case. ○ favorable circumstances: the defendant was the first offender, and the defendant showed the form of recognizing and reflecting his mistake, etc.

○ Unfavorable Circumstances: The instant crime was committed by the Defendant, who is an attorney-at-law, lending the name of the Defendant to Kim○○, who is not an attorney-at-law, allowing him to conduct legal affairs for a long period of time and to receive fees, thereby undermining the general social trust in the attorney system.

Judge Iseather

1) In the investigation report (Calculation of Additional Amount), 10/110 of the amount obtained by deducting litigation costs from the total amount of rent to deduct value-added tax shall be collected additionally.

However, the confiscation or collection under Article 116 of the Attorney-at-Law Act is made from a criminal who has acquired money or other benefits in violation of the Attorney-at-Law Act.

The purpose of deprivation is to prevent the offender from holding illegal profits, and the offender is to deal with legal affairs.

Even if the offender paid taxes, such as value-added tax, on the money received and received, he/she has his/her own defense.

Since it is aimed at justifying a violation of the law or is merely a method of consuming a criminal's own judgment;

It is not to be excluded from collection.

2) Type 2 rise as a result of the addition of identical competitions;