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(영문) 서울중앙지방법원 2014.01.21 2013고단7612
변호사법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 22, 2013, the Defendant was sentenced by the Incheon District Court to 8 months of imprisonment for violating the Electronic Financial Transactions Act, and the said judgment became final and conclusive on March 30, 2013.

No person shall give a specific attorney-at-law or other related persons in return for promising to receive money or other valuables in advance in connection with the acceptance of legal cases or legal affairs and shall give a specific attorney-at-law or his/her office staff.

Nevertheless, around February 2012, the Defendant, in collusion with E and F, introduced applicants for individual rehabilitation at the office of G attorney and received 6,50,000 won per case from the office of G attorney. On January 2012, the Defendant: (a) installed a call center in Incheon Operation Dong and Bridge Dong-dong, Dobong-gu, Seoul; (b) recruited applicants for individual rehabilitation by using an Oral call; and (c) recruited them from the said office to introduce them to the said office to the said office; and (d) received approximately KRW 141,464,000 from March 22, 2012 to October 25, 2012, as indicated in the list of crimes in the separate sheet.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Application of statutes to H of the protocol of examination of suspect to prosecution;

1. Subparagraph 2 of Article 109, Article 34 (1) 1 and Article 116 of the Attorney-at-Law Act, and Article 30 of the Criminal Act, inclusive, by Article 109 of the Attorney-at-Law Act;

1. The latter part of Article 37 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 116 of the Attorney-at-Law Act;

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