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(영문) 수원지방법원 2018.05.31 2018고단53
변호사법위반
Text

Defendant

A Imprisonment with prison labor for three years, and for one year and six months, respectively.

(2) the date of this judgment.

Reasons

Punishment of the crime

Specific facts are partially recognized differently from facts charged to the extent that the facts charged are identical and basic facts are not likely to substantially disadvantage the defendant's exercise of his/her right to defense.

Defendant

A is a clerical staff member working in the D legal office located in the Yeongdeungpo-gu Seoul Metropolitan Government, and Defendant B is an attorney-at-law in the said legal office.

1. No person, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, and handle legal counseling services, preparation of legal documents, or other legal services with respect to a non-contentious case;

Nevertheless, around December 2013, the Defendant proposed to lend the name of the lawyer in the registration application case under the condition that part of KRW 4 million and profits shall be paid to the attorney-at-law B each month, and upon the consent of the above B, the Defendant decided to use the name of the attorney-at-law to deal with the entire registration application case using the name of the attorney-at-law for his responsibility and account without being subject to the actual direction and supervision of B. On January 2014, the Defendant prepared documents necessary for the registration of the establishment of the right to collateral security in the name of the attorney-at-law to the 283 generation of the E-si apartment from the office of the above D's office of law around January 2014, after being delegated

1. On January 28, 2014, including the receipt of KRW 1.60,00 per household from January 2014 to April 2016, the filing of an application for registration of transfer of ownership and establishment of a collateral security right, as shown in the list of crimes in Attached Table 1, including the receipt of KRW 1.60,00 per household in terms of registration fees, were handled, and the clients received KRW 78,658,362 in total as registration fees from the clients.

Accordingly, the defendant, not a lawyer, handled the application for registration and received money in return.

2. Defendant B’s attorney-at-law shall be his own attorney-at-law.

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