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(영문) 서울서부지방법원 2017.08.17 2017고단587
변호사법위반
Text

Defendant shall be punished by a fine of KRW 30,000,000.

Where the defendant does not pay the above fine, each 100.

Reasons

Punishment of the crime

The Defendant is a certified judicial scrivener who operates the “Certified Judicial Scriveners A office” located in Yeongdeungpo-gu Seoul Metropolitan Government D, and E is a person who worked as an officer in exclusive charge of personal rehabilitation in the “Certified Judicial Scriveners A office” from July 2009 to January 2017.

No person, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, and handle legal affairs comprehensively delegated, such as representation for, legal counseling on, preparation of legal documents related to, etc. in connection with non-contentious cases.

Although the Defendant and E are not attorneys-at-law, they deal with legal affairs, such as personal rehabilitation and bankruptcy, by receiving money in the name of attorney-at-law from clients and comprehensively processing a series of business affairs, including preparation, submission, document correction, service, etc. on behalf of clients. The Defendant, despite being well aware of the above circumstances, agreed to allow E to handle legal affairs, such as personal rehabilitation and bankruptcy, using the name of the Defendant at the Defendant’s office, and in return, receive KRW 200,000 per month from E (1.5 million per month of January 2015).

Accordingly, around September 25, 2009, the Defendant and E agreed to handle all of the personal rehabilitation affairs of the clients F and F at the said A certified judicial scrivener office, and received KRW 600,000 as commission fees, and submitted to the court an application for personal rehabilitation, list of creditors, list of assets, list of revenue and expenditure, statement, repayment plan, written correction plan, etc., and related notification is received directly from the court. From that time to January 5, 2017, the Defendant and E dealt with legal affairs, such as personal rehabilitation, bankruptcy, etc., including 304 personal rehabilitation, and received a total of KRW 247,050,000 from the clients as commission fees.

Accordingly, the defendant is not an attorney-at-law in collusion with E.

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