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(영문) 춘천지방법원 속초지원 2015.03.25 2014고단448
변호사법위반
Text

Defendant

A Imprisonment with prison labor for ten months, for each of the defendants B and C, shall be punished by imprisonment for one year.

However, as to Defendant A and C, the same shall apply.

Reasons

Punishment of the crime

On February 11, 2011, Defendant B was sentenced to the suspended sentence of two years and fine of two million won for the crime of acceptance of bribe at the Daejeon High Court on August 13, 201, and the judgment became final and conclusive on October 13, 201, and on March 27, 2014, Defendant B was sentenced to one year and six months for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on March 27, 201, and the judgment became final and conclusive on October 24, 2014.

Defendant

C On September 6, 2012, upon being sentenced to eight months of imprisonment for fraud in the territorial branch of the Chuncheon District Court on November 28, 2012, the judgment became final and conclusive on November 28, 2012, and on March 27, 2014, the Seoul Central District Court sentenced two years of suspension of execution on September 5, 2014.

Criminal facts

No one, other than an attorney-at-law, shall handle or arrange legal services, such as representation, legal counseling, preparation of legal documents, etc., with respect to cases of lawsuits or other general legal cases, in connection with which he/she receives or promises to receive money, valuables, entertainment or other benefits.

Although Defendants are not attorneys-at-law, around June 2005, Defendants A and C agreed to receive 50% of the winning price in the real estate redemption lawsuit on the size of 4,382 square meters, etc. from the F clan G 4,382 square meters, and arranged the case by proxy, etc.

Thus, around July 2005, Defendant C requested Defendant B to introduce an attorney-at-law to act on behalf of the above lawsuit. Accordingly, around August 2005, Defendant B had an attorney-at-law H, who is aware of the above contract, conduct the first instance trial of the lawsuit, but was ruled against the Seoul Central District Court on November 2, 2006. Defendant B continued to be ruled against Defendant B by the Seoul Central District Court on November 2, 2006. Around November 2006, Defendant B got an attorney-at-law, who knows the above contract, conduct the second instance of the lawsuit, etc. at the Seoul High Court on August 28, 2008, and received a favorable judgment from the Supreme Court on December 24, 2008.

After that, Defendant A shall be liable for the damages incurred by Defendant A on September 2009.

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