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(영문) 수원지방법원 안양지원 2017.07.07 2017고단21
변호사법위반
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

686,000,000 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

No one, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, and shall handle legal affairs, such as representation for, legal counseling on, preparation of legal documents related to, etc. in connection with non-contentious cases.

Around September 2011, the Defendant received the fees of KRW 1,200,00 from the client E in a certified judicial scrivener D's office located in Jung-gu, Seoul, and accepted the case of personal rehabilitation, and then dealt with the case of non-litigation collectively with the legal affairs comprehensively delegated to the court by preparing and submitting a written application for personal rehabilitation, the list of creditors, the list of assets, the list of revenue and expenditure, the statement of revenue and expenditure, the repayment plan, etc. from that time to April 2, 2014, and received the fees of KRW 1,072,450,00 in total from that time, including the case of personal rehabilitation, bankruptcy, and the case of face-to-face 1,20,000 from that time until April 2014.

Accordingly, the defendant, not a lawyer, received money and other valuables, and dealt with the legal affairs on the case of non-litigation such as personal rehabilitation.

Summary of Evidence

1. Partial statement of the defendant;

1. A credit supplemental contract, a business registration certificate, a copy of the head of a Tong, the status of acceptance of cases of personal rehabilitation, and a standard contract for loan transactions (No. 47 times a month

1. Application of Acts and subordinate statutes of one copy of the summary order (at least 59 times);

1. Article 109 (1) of the Act applicable to the facts constituting an offense and Article 109 (1) of the Act applicable to each side of the choice of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The latter part of Article 116 of the Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - Sentencing unfavorable circumstances: The scope of the crime is significant, such as: (a) repeatedly committed a crime over a long-term period of time; (b) the total accepted commission amounting to KRW 686; and (c) the total commission amounting to KRW 1,072,450,000; (d) favorable circumstances; (b) the Defendant recognizes the Defendant as substitute for the crime; (c) there is no criminal record of imprisonment without prison labor or heavier punishment; (d) other circumstances: (e) the background of the crime; (e) the circumstances after the

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