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(영문) 대전지방법원 2019.05.17 2019고합83
변호사법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person, other than an attorney-at-law, shall handle or arrange legal services, such as appraisal, representation, arbitration, reconciliation, solicitation, legal consultation, preparation of legal documents or other legal relations, in connection with general legal cases, in return for receiving or promising to receive money, valuables, entertainment or other benefits or for providing or promising to provide such things to a third party.

Nevertheless, around April 2017, the Defendant: (a) notified the B Hospital located in Chungcheongnam-gu, Chungcheongnam of the method and procedure to prepare an application for medical care benefits, temporary disability compensation benefits, disability benefits, etc.; (b) the detailed method and procedure for receiving a high disability grade after approval of an industrial accident; (c) the methods and procedure for responding to the examination; and (d) consulted about the claim for industrial accident insurance benefits under the jurisdiction of the Korea Labor Welfare Corporation; and (b) agreed to receive a certain percentage of the amount of insurance benefits to be paid by the said C as a fee.

Since then, from July 2017 to November 2017, C received a total of KRW 27,324,940,00 from the Korea Labor Welfare Corporation, including temporary layoff benefits, medical care benefits, disability benefits, etc., from the said C, under the name of the Defendant, the said C received KRW 1,310,000,000,000 in cash, KRW 2.1 million in cash, and KRW 15,200,000 in fee.

Accordingly, even though the defendant is not an attorney-at-law, the defendant provided legal counseling services, preparation of legal documents or other legal services with respect to the general legal affairs.

Summary of Evidence

1. Defendant's legal statement;

1. A written answer to C;

1. Report on investigation (C’s telephone content);

1. Application for medical care benefits and temporary layoff benefits, industrial accident compensation insurance reports (C), insurance benefit ledger, details of transactions by account, and application of Acts and subordinate statutes of the main sentence;

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

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