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(영문) 서울남부지방법원 2016.11.18 2016고정2465
변호사법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On October 14, 2010, the Defendant was sentenced to a fine of KRW 1.5 million by the Seoul Central District Court for a violation of the Attorney-at-Law Act.

[Criminal facts] No person, other than an attorney-at-law, shall handle or arrange legal affairs, such as appraisal, representation, arbitration, settlement, solicitation, legal consultation, preparation of legal documents, etc. concerning litigation and non-contentious 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, on April 27, 2015, the Defendant: (a) obtained the proposal that “Franchis Don Dok-dong, Yeongdeungpo-gu, Seoul, would have caused fraud from the link of a stock company; (b) prepared a written complaint; and (c) accepted the proposal that “Franchis Don Don Don Don Don Don Don sn sn sn sn sn sn sn sn sn sn sn sn sn sn sn sn sn sn sn sn sn sn sn sn sn sn sn sn sn sn sn sn sn sn sn sn sn sn sn s

Accordingly, the defendant, not a lawyer, received money and valuables for a litigation case and provided legal counseling services.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. A written accusation;

1. Each fact-finding certificate;

1. Application of the B copy of the passbook Act;

1. Article 109 of the Attorney-at-Law Act applicable to facts constituting an offense, Article 109 of the Act on the Selection of Punishment, and Selection of fine

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 116 of the Attorney-at-Law Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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