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(영문) 수원지방법원 2017.08.11 2017고단906
변호사법위반등
Text

A defendant shall be punished by imprisonment for two years.

9,600,000 won shall be additionally collected from the defendant.

As to the defendant.

Reasons

Punishment of the crime

[criminal record] On October 25, 2013, the Defendant was sentenced to one year of imprisonment and a fine of one million won for a violation of the Act on the Protection of Defense, etc. at the Suwon Franchi, and on November 09, 2014, the indictment was written “Franchising November 19, 2014.” However, it is obvious that it is a clerical error in the indictment as of November 9, 2014, and even if it is corrected without any amendment to the indictment, it does not seem to have any substantial disadvantage to the Defendant’s exercise of his/her right to defense. Thus, it is corrected ex officio.

In the port prison, the execution of the sentence was terminated.

[Criminal facts] 2017 Highest 906

1. The Defendant is a person who is not an attorney-at-law, who operates a legal counseling office with no trade name in Young-gu, Suwon-si.

No one, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits or shall provide or promise to provide them to a third party, in return for providing or promising to provide them to do so, in connection with a litigation case, non-contentious case, family conciliation, adjudication, etc. or other general legal cases, handle, or arrange legal affairs, such as appraisal agency's request for settlement of arbitration, legal counseling, preparation of legal documents

Nevertheless, around March 15, 2016, the Defendant accepted the request from F to request the representative of the Otel management department G to act on behalf of the principal in the case of occupational embezzlement at the coffee specialty store located in Young-gu, Suwon-gu, Suwon-si, and then received from F to the H Nonghyup bank account in the name of H that the Defendant manages with the fee of KRW 5 million, i.e., transferred from F to the charge of occupational embezzlement, etc., and then prepared a letter of complaint seeking punishment for F by embezzlement, etc. around that time.

On April 18, 2016, the defendant submitted the above complaint to F by mail at the public prosecutor's office of Suwon-si's office of Suwon-si, Young-si, 120.

As a result, the defendant is not a lawyer, and receives money and other legal affairs concerning criminal investigation cases.

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