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(영문) 서울중앙지방법원 2018.07.27 2016고단751
변호사법위반
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[Basic Facts] The Defendant, from May 199, operates a mutual company called “D” in the Seocho-gu Seoul Metropolitan Government B Building C from around May 1, 199, is a person who conducts business activities such as review of materials necessary for corporate rehabilitation procedures, preparation of documents, and consultation.

The Defendant, who received an order to submit a rehabilitation plan in the notice column of the Supreme Court homepage, issued a notice to the effect that he/she will be entrusted with the work of preparing a rehabilitation plan and providing advice on rehabilitation procedures, etc., and was willing to recruit clients by sending a post notice to an unspecified number of companies undergoing corporate rehabilitation procedures without permission.

[ criminal facts] No person, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, or offer or promise to offer them to a third party, in return for providing or promising to offer them to an appraisal agency, arbitration request, legal counseling services, preparation of legal documents, and other legal affairs concerning lawsuits and other general legal cases, etc., or arrange such acts.

Around January 12, 2009, the Defendant, even if not an attorney-at-law, consulted at the FF Co., Ltd. located in Suwon District Court’s 2009 meeting and agreed to handle the case, such as the preparation of a rehabilitation plan, after receiving KRW 25,300,00 in the form of services, after preparing a rehabilitation plan, and submitting the documents, such as a rehabilitation plan, etc. necessary for corporate rehabilitation to the Suwon District Court in the name of G manager of the FF Co., Ltd., and conducting advisory duties on the overall progress of rehabilitation procedures.

From around that time to July 20, 2015, the Defendant entered the list of offenses in the annexed sheet (Provided, That in the case of “H” No. 29 times per month, the part regarding “the progress of the procedure and the preparation of the rehabilitation plan” recorded in the calendar column in the performance shall be corrected by “preparation of the rehabilitation procedure application and the preparation of the rehabilitation plan” in light of the evidence) in total 30 times, including the service cost, totaling KRW 381,770,00.

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