(영문) 서울동부지방법원 2017.07.07 2017고단981

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(영문) 서울동부지방법원 2017.07.07 2017고단981

변호사법위반

Text

Defendant

A shall be punished by a fine of KRW 8 million, and Defendant B shall be punished by a fine of KRW 9 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. No defendant A-at-law shall allow any person who intends to handle legal affairs without qualification as an attorney-at-law to use the name of an attorney-at-law;

Nevertheless, on December 11, 2008, the Defendant, as an attorney-at-law, had F, who is not an attorney-at-law, in the law firm E located in Seocho-gu Seoul Metropolitan Government, receive 1210,000 won from the client G of the case of personal rehabilitation using the attorney-at-law’s name and handle personal rehabilitation law affairs, from that time, until August 6, 2010, the Defendant had F handled the case of personal rehabilitation and personal bankruptcy equivalent to 119,490,720 won in total by using the attorney-at-law’s name until August 6, 201, and received 15,00,000 won in return for the loan of name from the above F (one million won in each of the two persons).

2. No defendant B shall allow a person who intends to handle legal affairs without qualification as an attorney-at-law to use the name of the attorney-at-law;

Nevertheless, on January 10, 201, the Defendant, as an attorney-at-law, had F, who is not an attorney-at-law, in the law firm I located in Seocho-gu Seoul Metropolitan Government, receive 450,000 won from the clientJ of the case of personal rehabilitation using the attorney-at-law’s name and handle personal rehabilitation law affairs, from that time, until September 30, 201, the Defendant had F handle the case of personal rehabilitation and personal bankruptcy worth KRW 145,615,00 in total over 128 times in the name of the Defendant’s attorney-at-law, and received from the above F, KRW 18,00,000 in return for a loan under the name of the said F (or KRW 2,000 in number).

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. The list of accepted fees in case of law firms E;

1. Application of the Acts and subordinate statutes governing the collection of fees by law firm I;

1. The pertinent Article of the Criminal Act and the law of choice of punishment (the Defendants) concerning criminal facts.

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