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The defendant shall be innocent.
Reasons
1. No attorney-at-law in charge shall allow a person who intends to handle legal affairs without qualification as an attorney-at-law to use the name of attorney;
Nevertheless, on November 4, 2011, the Defendant, an attorney-at-law, had C, who is not an attorney-at-law, take advantage of the name of the Defendant’s attorney-at-law in Mapo-gu Seoul, to perform the personal rehabilitation law affairs by receiving the fees of KRW 2,500,000 from the client of the personal rehabilitation case using the name of the Defendant’s attorney-at-law. From that time to May 2012, the Defendant, as shown in attached Table 2 of the Crimes List 2, from around May 2012, said C, using the Defendant’s attorney-at-law’s name, handled the case of personal rehabilitation, bankruptcy, and book-at-law amounting to KRW 349,50,000 in total, and received from the above C the fees of KRW 99,00,000 in return for the loan of name.
2. The following facts acknowledged by the records on the case-by-case basis: (a) borrowed the Defendant’s name in the facts charged and independently dealt with the legal affairs relating to the application for personal rehabilitation.
According to the Defendant’s assertion, C is an employee working as a postmaster from the law firm B (hereinafter “the law firm of this case”) operated by him, but did not receive a fixed monthly wage from the law firm. If the Defendant accepted the case described in the facts charged from the requester of the individual rehabilitation case as an attorney-at-law, it is normal to pay the fees to the head of the Tong of the law firm of this case. At the time, he was employed and worked for the law firm at the time.
The fact that the flow of funds for the receipt and disbursement of the fees is somewhat unclear, such as the receipt of preferential fees from a private account in the name of E and the transfer of only part of them to the account in the name of the law firm in question, etc. However, the following facts and circumstances revealed by the record are considered as a whole.