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(영문) 인천지방법원 2016.01.13 2015고단6894
변호사법위반
Text

Defendant

A Imprisonment with prison labor for two years and for eight months, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. No person, other than a defendant A-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, and other relevant cases;

Nevertheless, on July 1, 2013, the Defendant, not an attorney-at-law, received KRW 1,162,180 as a commission fee from the “Attorney B-at-law Office in Seocho-gu, Seoul, and 205”, and thereafter, the Defendant, in the name of the attorney-at-law, prepared the documents for personal rehabilitation application in the name of the attorney-at-law, and submitted them to the Seoul Central District Court located in Seocho-gu, Seocho-gu, Seoul at the center of Seocho-gu, Seoul, and submitted them to the Seoul Central District Court in 157, supra, around that time, as shown in the list of crimes in the attached Table from July 1, 2013 to October 19, 2015.

Accordingly, the defendant, not a lawyer, received money and valuables, and dealt with the legal affairs related to non-contentious cases such as personal rehabilitation, bankruptcy, and face-to-face liability.

2. It shall not lend the name of an attorney-at-law or a law firm to a person who is not a defendant B-at-law to receive or promise to receive money, valuables, entertainment or other benefits, and shall not allow him/her to perform legal affairs, such as representation for, legal counseling on, preparation of legal documents related to, and other relevant matters;

Nevertheless, from July 1, 2013 to October 19, 2015, the Defendant had the said “Law Office” deal with the instant cases, such as the total sum of 1,429 cases, and the total sum of 2,169,836,900 won, bankruptcy, and face-to-face book, etc., as prescribed in paragraph 1.

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 the legal affairs related to non-litigation cases, such as personal rehabilitation.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Statement made by the prosecution with regard to G;

1. A copy of the loan of attorney fees to the law office B, an attorney-at-law.

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