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(영문) 서울중앙지방법원 2017.06.12 2017고정649
변호사법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Defendant

A pays the price to D under the name of the representative C of the law firm B, and is the hub for bidding and auction dealing with the legal affairs related to bid and auction in the name of the law firm B.

No one, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits or shall provide or promise to provide such things to a third party, in compensation for providing or arranging appraisal, representation, arbitration, settlement, solicitation, legal counseling, preparation of legal documents, and other legal services with respect to non-contentious cases, etc.

On July 11, 2015, the Defendant, at a law firm B office located in Young-gu, Youngwon-si, in order to consult on bid and auction cases, entered into an agreement on acceptance of real estate at a successful bid price of KRW 3.3 million, and received KRW 1.65,000 won (including value added tax) for the commencement of the auction. By September 201, 2015, the Defendant consulted about legal counseling, legal analysis of rights, preparation of documents necessary for auction (market price, etc. on auction items) and procedures for receipt of documents necessary for auction, and dealt with legal affairs, such as giving and receiving KRW 1.65,00 won (including value added tax) under the pretext of fees.

Accordingly, the defendant did not have a lawyer's qualification and dealt with the legal affairs related to auction at a certain price.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article of the Act concerning facts constituting an offense and subparagraph 1 of Article 109 of the Act (Selection of Penalty) by an attorney at the option of a punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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