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(영문) 수원지방법원 2016.10.20 2016고단4026
변호사법위반
Text

A defendant shall be punished by imprisonment for six months.

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

No one, other than an attorney-at-law, shall handle or arrange legal counseling, preparation of legal documents, or other legal services in return for receiving or promising to receive money, valuables, entertainment or other benefits.

Nevertheless, around October 2014, the Defendant: (a) received KRW 1.8 million from the 13th of the same month to C under the pretext of recognition, and (b) received KRW 19,000,000 over 20 times in total as shown in the list of crimes related to the litigation, such as the name of the written complaint, stamp, etc. from around that time to August 10, 2015; and (c) proceeded with the civil litigation procedure for C for C.

Accordingly, the defendant was not an attorney-at-law and dealt with legal affairs in a litigation case.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on the details of entry and departure;

1. Article 109 of the Attorney-at-Law Act applicable to facts constituting an offense and subparagraph 1 of Article 109 of the Act on the Selection of Punishment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the mistake of one's own identity is recognized and reflected, the fact that there is no criminal record for

1. Article 116 of the Attorney-at-Law Act (the defendant and his defense counsel) asserts that the amount actually paid for the litigation expenses, such as stamp amount and service charge, should be deducted from the additionally collected amount.

However, Article 109 (1) of the Attorney-at-law Act provides for penal provisions on the conduct of legal affairs in return for receiving or promising to receive money, valuables, entertainment, or other benefits by a person who is not an attorney-at-law. However, if the person is paid actual expenses related to legal affairs, he/she shall not be deemed to have received benefits from the above provision. However, the above provision has the legislative purpose of prohibiting a person who is not an attorney-at-law to conduct legal affairs

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