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(영문) 인천지방법원 2016.02.03 2015고단6748 (1)
변호사법위반
Text

The defendant shall be punished by imprisonment with prison labor for the crimes set forth in Section 1-A, Section 1-B, which are set forth in the annexed Table 2-1 to 147.

Reasons

Punishment of the crime

Defendant

On September 16, 2013, I was sentenced to a suspended sentence of three years for a crime of violation of the defense justice at the Suwon Friwon. On February 4, 2014, I was finally sentenced to a suspended sentence of three years.

1. Defendant I’s sole criminal conduct

(a) No person, other than an attorney-at-law who has violated the law of defense using the name of a law firm MD attorney, shall receive or promise to receive money, valuables, entertainment or other benefits, and handle legal affairs, such as representation for, legal counseling on, or preparation of legal documents related to, non-contentious cases;

Nevertheless, around January 14, 2013, the Defendant consulted about 500,000 won at the office of an individual rehabilitation team in Seocho-gu Seoul Metropolitan City LA building 402, and agreed to handle the case, and agreed to receive the fees of KRW 1,50,000 to receive the fees of the case. The Defendant prepared documents necessary for the application for individual rehabilitation and submitted the documents to the Incheon District Court in the name of the aboveY to handle the legal affairs concerning non-contentious cases. From January 3, 2013 to June 28, 2013, the Defendant handled the legal affairs, such as personal rehabilitation, etc. by receiving approximately KRW 255,50,000 won of the fees of the commission from around 137 times as shown in the attached Table 1 to June 28, 2013.

Accordingly, the defendant, not a lawyer, received money and other valuables, and dealt with the legal affairs on the case of non-litigation such as personal rehabilitation.

(b) No person, other than an attorney-at-law who has violated the law without using the name of an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, and handle legal affairs, such as legal counseling services or preparation of legal documents, with respect to non-contentious cases;

Nevertheless, on October 23, 2013, the Defendant did not borrow the name of lawyer, etc. at the personal rehabilitation team office of Seocho-gu Seoul Metropolitan Government where his address is unknown, and agreed to take part in the case at the time of handling the case after consulting the case at the personal rehabilitation team office of the personal rehabilitation team office of which the name of lawyer, etc. is unknown, and received the fees of KRW 1.4 million.

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