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(영문) 인천지방법원 부천지원 2018.11.09 2018고단2188
변호사법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person, other than an attorney-at-law, shall handle or arrange legal counseling services or other legal services with respect to an investigation case being handled by an investigative agency in return for receiving or promising to receive money, valuables, entertainment or other benefits.

Nevertheless, on October 2016, the Defendant listened to the circumstances that D is being investigated into a crime of fraud from the multi-sections located in the C Station in Seocheon-si, Macheon-si, 2016, and we need to look at D so that D can investigate the case as undetained through the beer.

Around 28,00,000 won was delivered around 11,000 won on the same month by making a statement to the effect that it shall be changed to KRW 15 million, and was remitted to the Nonghyup Bank account in the name of the defendant.

Accordingly, the defendant, not an attorney-at-law, received money and valuables, and handled legal affairs, such as legal counseling, or assisted such activities.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Records of meetings of a person who has filed a complaint, and the guidance and receipt related to the referral of a suspect's counsel;

1. Application of Acts and subordinate statutes on complaint and receipt;

1. Article 109 of the Act applicable to the facts constituting a crime, Article 109 of the Act, and the choice of punishment by imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing as follows;

1. The late text of Article 116 of the Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order / [Scope of the recommended punishment] The basic area (6 to 1 year) of the type 2 (10 million won or more, or less, and less than 30 million won) of a person who is not an attorney-at-law in charge of legal affairs, partnership business, etc. / [No person who has any special sentencing seal] [decision of sentencing] [decision of sentence] is contrary to the criminal facts recognized by the defendant, 5 million won has been used as the cost of attorney-at-law in criminal cases against the complainants, and multiple interviews have been interviewed with the complainants, and 2 million won have been returned to the complainants, and the motive and circumstances of the crime of this case, and the circumstances after the crime of this case has been committed.

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