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(영문) 인천지방법원 2016.06.02 2015고단6955
변호사법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for one year.

However, this decision is delivered to the Defendants.

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 December 27, 2013, the Defendant consulted I and agreed to handle the case at the office of an individual rehabilitation team of the third floor law firm of the Seocho-gu Seoul Metropolitan Government Office of G G Building, and then, agreed to receive the fees of KRW 1,200,000 during the course of handling the case, and dealt with legal affairs, such as personal rehabilitation, by preparing documents necessary for the application for individual rehabilitation and submitting them to the competent court in the name of the above I. Furthermore, from December 17, 2013 to August 25, 2015, the Defendant received approximately KRW 154,400,000 of the commission fees for 111 times as shown in attached Table 2, and handled legal affairs, such as personal rehabilitation, by the same method.

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. Around December 27, 2013, Defendant B was an attorney-at-law in the third floor of the Seocho-gu Seoul Metropolitan Government G Building, who is not an attorney-at-law. ① From September 13, 2013 to May 29, 2015, the Defendant received 2,215,30,000 won in total under the name of the attorney-at-law in the name of the Defendant and received 1,61 personal rehabilitation cases, etc. and received 1,61 personal rehabilitation cases from December 17, 2013 to August 2015, Defendant B, who was not an attorney-at-law, received 1,61 personal rehabilitation cases under the name of the attorney-at-law in the name of the attorney-at-law. ② From around October 14, 2013 to around August 25, 2015, Defendant B received 1,661 personal rehabilitation cases under the name of the attorney-at-law.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol concerning the interrogation of suspects of the prosecution against J and K.

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