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Defendant
A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment of ten months.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
1. Defendant A is a person who, from June 2010 to the present date, works as a secretary at the office of a G judicial scrivener located in Suwon-si F and 102, has been performing legal affairs, such as personal rehabilitation, etc.
No one, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, and shall handle legal affairs, such as legal counseling services for, or preparation of legal documents related to, a non-contentious case.
Although the Defendant and G are not attorneys-at-law, the Defendant received money in the name of attorney-at-law from the clients and dealt with legal affairs, such as personal rehabilitation and bankruptcy, by comprehensively handling a series of affairs on behalf of the clients, such as preparation, submission, document correction, service, etc. of documents, and G agreed to receive KRW 1,200,000,000 from the Defendant’s office monthly payment, in return, by being well aware of the aforementioned circumstances by allowing the Defendant to deal with legal affairs, such as personal rehabilitation and bankruptcy, using his/her name.
Accordingly, around June 25, 2010, the Defendant and G agreed to handle all personal rehabilitation affairs of the clients H and H in the said G certified judicial scrivener office with a fee of 1.5 million won, and received 1.5 million won in full from the clients, and submitted a written application for personal rehabilitation, list of creditors, list of assets, list of revenue and expenditure, statement, repayment plan, draft plan, correction plan, etc. to the court, and submitted the relevant notice to the court, and received the relevant notice directly from the court, etc., as a comprehensive agent for the H’s personal rehabilitation case from November 13, 2016, the Defendant and G handled the legal affairs including the total of 502 personal rehabilitation and bankruptcy until November 13, 2016, and received a total of 44,3250,000 won from the clients as an entrustment fee.
Accordingly, the defendant is not a lawyer in collusion with G and receives money and other valuables.