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(영문) 수원지방법원 안양지원 2017.06.02 2017고정271
변호사법위반
Text

Defendant shall be punished by a fine of KRW 35 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person, other than an attorney-at-law, shall handle legal affairs, such as representation for, legal counseling on, preparation of legal documents related to, or in promising to receive money, valuables, entertainment or other benefits.

Defendant and C, even though they are not attorneys-at-law, upon attracting clients through advertisements, C deals with legal affairs, such as personal rehabilitation and bankruptcy, by comprehensively handling a series of affairs, such as preparation, submission, document correction, service, etc. on behalf of clients after receiving the amount of money in the name of the clients from clients, and the Defendant agreed to enable C to perform legal affairs, such as personal rehabilitation and bankruptcy, using the name of the Defendant, and in return, receive a certain amount of money each month from C.

Accordingly, around November 2, 201, the Defendant and C agreed to handle all personal rehabilitation affairs of the client F and F in the “E Certified Judicial Scriveners Office” located in the Ed Judicial Agent Office located in Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City (hereinafter “Ed Judicial Agent Office”), and received KRW 1,000,000 as a commission fee, the Defendant and C received the list of creditors, list of assets, list of revenue and expenditure, statement, statement, repayment plan, correction plan, etc. from the court, and submitted the relevant notice to the court and received it directly from the court. In addition, the Defendant and C comprehensively deal with legal affairs on behalf of F’s personal rehabilitation by means of receiving the relevant notice from the court. From that time until December 5, 2014, the Defendant and C dealt with legal affairs, such as personal rehabilitation, bankruptcy, etc., and received KRW 383,90,000 as a commission fee from the clients.

Accordingly, the defendant, in collusion with C, was not an attorney-at-law and dealt with legal affairs concerning non-litigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect C by the prosecution;

1. The Credit Supplement Contract (hereinafter referred to as the “Credit Supplement Contract”);

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