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(영문) 광주지방법원 2015.07.01 2015고단1152
변호사법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No person, other than an attorney-at-law, shall accept or promise to receive money, valuables, entertainment or other benefits, nor shall he/she prepare documents on appraisal, representation, arbitration, reconciliation, solicitation, legal consultation or legal relations concerning litigation cases, non-contentious cases, household conciliation or adjudication cases.

On August 25, 2014, the Defendant: (a) was delegated to the auction auction of each land publicly announced by the Seoul District Court AV and AW from the U on August 25, 2014; (b) prepared two copies of the bidding date for the said AU for the said AU; (c) submitted them to the said court; and (d) paid KRW 378,200 for the successful bid deposit; and (c) received KRW 3.5 million from the AU for the fee required for the said agency act on the roads in front of the Gwangju Northern East-gu Incheon Metropolitan City.

Accordingly, although the defendant is not an attorney-at-law, the defendant was acting as an agent for the non-litigation case.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the AU;

1. Application of Acts and subordinate statutes to the detailed statement of entry and withdrawal;

1. Subparagraph 1 of Article 109 of the Attorney-at-Law Act concerning facts constituting an offense;

1. Optional 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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant reflects the instant crime; (b) the Defendant has no record of the same crime; and (c) the Defendant returned KRW 3.5 million to AU during the instant trial proceeding; (b) the AU does not want the punishment against the Defendant; and (c) the Defendant appears to have not been equipped with an organization or equipment for the instant crime.

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