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(영문) 수원지방법원 안양지원 2017.03.31 2017고단147
변호사법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

200,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

No person, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, and shall handle such case on behalf of an attorney-at-law, legal counseling services, preparation of legal documents, etc. with a comprehensive delegation of legal affairs.

1. Notwithstanding the fact that the Defendant is not an attorney-at-law, the Defendant received KRW 800,000 from the client F at the “Law Office of Attorney E-at-law” office on the 5th floor of Sungwon-si, Sungwon-si, Sungwon-si, and accepted the case of personal rehabilitation from the client F, and performed legal affairs, including representation, legal counseling, preparation of legal documents related to non-transmission cases, such as filing a written application for personal rehabilitation, list of creditors, list of assets, list of revenue and expenditure, statement of revenue and expenditure, repayment plan, etc., and submitting it to the court under the name of attorney E, from that time until March 5, 2012, and received KRW 8,2050,000 in total as stated in the list of crimes No. 1.

2. Despite the fact that the Defendant is not an attorney-at-law, in collusion with the certified judicial scrivener G, the Defendant received an amount of money in the name of commission fees from the clients after attracting clients, and dealt with legal affairs, such as personal rehabilitation and bankruptcy, by comprehensively handling a series of affairs, such as preparation, submission, document correction, service, etc. on behalf of the clients. A certified judicial scrivener G knowingly knowingly agreed to allow the Defendant to perform legal affairs, such as personal rehabilitation and bankruptcy, using his/her name, and to receive a certain amount every month from the Defendant.

Accordingly, the defendant, in collusion with G, received 1,300,000 won from the client I at the "G Certified Judicial Scriveners Office" office located in Changsan-gu H around October 2012, and accepted the case of personal rehabilitation, and then, the personal rehabilitation application, list of creditors, and list.

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