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(영문) 인천지방법원 2016.02.16 2015고단6797
변호사법위반
Text

Defendant

A Imprisonment with prison labor for a year and six months, and for a defendant B, for ten months, respectively.

(2) the date of this judgment.

Reasons

Punishment of the crime

1. No person, other than a defendant A-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, and shall handle legal affairs, such as representation for, legal counseling on, preparation of legal documents related to, and other relevant cases;

Nevertheless, around January 7, 2014, the Defendant consulted the Seocho-gu Seoul Metropolitan Government H and 5th floor law firm I’s personal rehabilitation team office, and agreed to receive a fee of KRW 1,500,000,000 to handle the case. The Defendant prepared documents necessary for the application for personal rehabilitation and submitted documents to the Seoul Central District Court under the above J’s name, and handled legal affairs, such as personal rehabilitation. From January 7, 2014 to September 4, 2015, the Defendant received approximately KRW 877,1450,000 of the commission fee over 479 times as stated in the list of crimes in the attached list, and handled legal affairs, such as personal rehabilitation, by the same method.

Accordingly, the defendant, not a lawyer, received money and other valuables, and dealt with the legal affairs on the case of non-litigation such as personal rehabilitation.

2. Defendant B, as an attorney-at-law of Seocho-gu Seoul Metropolitan Government H and 5th floor law firm I, had A, who is not an attorney-at-law, use the name of the attorney-at-law of the Defendant from January 7, 2014 to September 4, 2015, paid a total of KRW 870,1450,000 for the fee as described in paragraph (1) and handled the case, such as personal rehabilitation, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the prosecution to K;

1. Reporting on the attachment of a detailed statement of personal rehabilitation, bankruptcy, or acceptance of exemption cases of A;

1. Details of deposits in the I account of cash withdrawn from the A's account, and Lone Star Partnership;

section 13 of the transfer from the Department to the law firm I

1. Investigation report (to attach details of payment of rents paid by suspect A in return for lending the name to B attorney-at-law);

1. Application of Acts and subordinate statutes to a report on investigation (report on calculation of an amount additionally collected);

1. Relevant provisions of the Act concerning facts constituting an offense;

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