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(영문) 인천지방법원 2016.01.20 2015고단6904
변호사법위반
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of twenty-five thousand won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. No person, other than a defendant A-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, and shall handle legal affairs, such as representation for, legal counseling on, preparation of legal documents related to, and other relevant cases;

Nevertheless, around February 26, 2013, at the office of the law office F of Seocho-gu Seoul Metropolitan Government E and 503, the Defendant consulted with G for personal rehabilitation, and agreed to handle the case, and agreed to receive the fees of KRW 1,200,000,000 to receive the fees for personal rehabilitation, and then, the Defendant handled the legal affairs concerning non-contentious cases by preparing documents necessary for the application for personal rehabilitation in the above G name and submitting them to the Gu Government District Court in the above G name, as shown in the attached crime list from February 26, 2013 to January 27, 2015.

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.

2. Defendant B was an attorney-at-law working in F of the legal office in Seocho-gu Seoul Metropolitan Government E and 503, who was not an attorney-at-law from February 26, 2013 to January 27, 2015, the Defendant received a total of KRW 157,500,000 as the fee fee as described in paragraph (1) from around February 26, 2013 to around January 27, 2015 and handled the case, such as personal rehabilitation.

Summary of Evidence

1. Defendants’ respective legal statements

1. A investigation report (the details of import fees paid to A), investigation report (the report on calculation of the amount of additional collection);

1. Application of statutes on business agreements, details of account transactions under A, and details of delegation fees paid to A;

1. Relevant legal provisions concerning criminal facts;

A. Defendant A: Attorney Lee In-bok et al., Article 109 subparag. 1 of the Act, and imprisonment

B. Defendant B: Attorneys Lee In-bok and 109 subparag. 2 of the Act, Article 34 subparag. 3 of the Act, and the selection of fines

1. The Defendants are subject to aggravated concurrent crimes: each criminal law.

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