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(영문) 부산지방법원 2015.10.21 2015고정3017
변호사법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 5, 2013, the Defendant was sentenced to a suspended sentence of two years at the Busan District Court on one year and six months of imprisonment due to a crime of fraud, a false accusation, etc., and the judgment became final and conclusive on May 16, 2014.

No one, other than an attorney-at-law, shall accept or promise to receive money, valuables, entertainment or other benefits or provide or promise to provide such things to a third party, in compensation for providing or arranging legal services, such as appraisal, representation, arbitration, settlement, solicitation, legal consultation, preparation of legal documents, etc. with respect to cases under investigation handled by an investigative agency.

Nevertheless, on November 2012, the defendant was found to have been introduced D at the office of the defendant in the office of the defendant in the Busan Btel in Busan-gu, Busan-gu, and sought to prepare "15 million won with D (8 million won as complainants, D7 million won as complainants)" from E. In this regard, the defendant requested to obtain F's cancellation of complaint in relation to the case of violation of the Attorney-at-Law Act which is investigated by the prosecutor's office.

The Defendant was granted KRW 1.2 million in cash at the office of the above Defendant on December 2012, and KRW 900,000 in cash on January 2013.

As a result, the defendant was not an attorney-at-law and received KRW 2.1 million from E under the pretext that he dealt with legal affairs such as reconciliation in investigation cases which are dealt with by investigative agencies.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Investigation report (Attachment of records of cases related to the complainant and witness D), investigation report (Attachment of the judgment of the case relating to the defendant's complaint), investigation report (report on the result of confirmation of the relative telephone who is the check presentation);

1. A copy of a check, photograph, letter by complainant, copy of an agreement, loan certificate, copy of a promissory note, and a business registration certificate for entertainment tavern G;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to report criminal records, fine records, and results confirmation;

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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