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(영문) 인천지방법원 2015.10.14 2015고단5125
변호사법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

1,550,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

No person, other than an attorney-at-law, shall handle legal affairs, such as non-contentious cases, in return for receiving or promising to receive money, valuables, entertainment or other benefits.

The Defendant, from the representative attorney-at-law E in Seocho-gu Seoul Metropolitan Government, agreed to pay the amount of KRW 30 million per month from the 10 million to the above E in return for lending the name of the attorney-at-law.

After that, around August 22, 2014, the Defendant received KRW 1,350,00 from the said law firm D Individual Rehabilitation Team office as commission fees, and then, the Defendant, under the name of the law firm DDR E, prepared an application document for individual rehabilitation of the said F in the name of the client F and submitted it to the Incheon District Court located in 17, Nam-gu, Incheon, Nam-gu, Incheon, 163-ro 163, as well as from September 13, 2013 to May 29, 2015, the Defendant received KRW 2,215,305,50 as commission fees by the above methods as shown in the list of crimes in the attached Table, and handled the case, such as individual rehabilitation, bankruptcy exemption, and bankruptcy exemption.

As a result, the defendant, not an attorney-at-law, handled legal affairs concerning non-contentious cases such as individual rehabilitation, bankruptcy or immunity in receiving money from the client of the case.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. The prosecutor's statement concerning G;

1. Records of seizure and the list of seizure;

1. Investigation report (the details of payment of fees by law firm D and output related to individual rehabilitation), investigation report (the current status of employees of law firm D and case acceptance status of case), one newspaper of the Seoul Bar Association Association Association, one investigation report (Attachment to the status of subscription of employment insurance by law firm D), one copy of employment insurance coverage status (the status of subscription of employment insurance by law firm D), one copy of investigation report (the borrowed account H used by law firm H), one copy of Lone Star Partnership loan, one copy of fees deposited into H account, one copy of H CIF, and one copy of fees deposited into H account.

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