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(영문) 인천지방법원 2015.12.23 2015고단7125
변호사법위반방조
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant is a person operating company D in the third floor of Seocho-gu Seoul Metropolitan Government, and D is a lending company that professionally lends the fees to the clients who requested the case, such as personal rehabilitation, etc. upon receiving the introduction of the so-called rehabilitation hub, which deals with legal affairs such as individual rehabilitation, bankruptcy, exemption, etc. (hereinafter “individual rehabilitation, etc.”) by lending the name of law firm, attorney-at-law and certified judicial scrivener.

D Co., Ltd.: (a) received loan-related documents from clients who wish to lend fees and transferred the loan to the company D, which is designated by the rehabilitation hub in the name of the rehabilitation hub, etc.; (b) borrowed money from clients; and (c) the clients have been repaid by clients; and (d) the clients have been repaid by the clients in advance pursuant to the “Agreement on the Transactions of Temporary Business Suspension,” which was concluded in advance with the “Rehabilitationer,” and operated in lieu of the “Rehabilitationer,” which is jointly and severally liable by the clients.

From November 1, 2013 to August 22, 2014, the Defendant, while well aware of the fact that E is not an attorney-at-law at the office of the said Co., Ltd., the Defendant loaned KRW 183,850,000 to 82 clients who requested the case of individual rehabilitation, etc., a sum of KRW 183,850,000 as the case fees for individual rehabilitation, etc. from around that time to September 7, 2015, the Defendant loaned KRW 38 clients, including E and F, to 6,427, a sum of KRW 9,953,120,00 as the case fees, etc.

Accordingly, the defendant assisted the defendant by facilitating the crime of violation of the Attorney-at-Law Act by 38 persons who are rehabilitation brokers.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning G and H;

1. I, J,K, L, M, N,O, P, Q, R, T, U, V, W, X,Y, Z, AB, ACE, AE, AE, AF, AH, AI, AJ, AK, E, AL, AO, N, AO.

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