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(영문) 대구지방법원 2014.08.20 2014고정262
변호사법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one, other than an attorney-at-law, shall handle or promise to receive money, valuables, entertainment or other benefits, in dealing with legal services, such as appraisal, representation, arbitration, reconciliation, solicitation, legal consultation, preparation of legal documents, etc. concerning a litigation case.

Around April 15, 2013, the Defendant, even if not an attorney-at-law, was at the Daegu District Court located in Suwon-gu, Daegu District Court, in order to prepare a complaint, etc., which is a legal document related to civil litigation, and received KRW 228,880 in excess of stamp, delivery fees, and expenses, at the request of the Defendant, and to receive money and valuables of KRW 2,089,210 from the clients over 12 times in total, as shown in the list of crimes, from May 14, 2013, and to receive KRW 200,000 from E to receive KRW 20,00.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. Written statements and fact-finding certificates;

1. The application of Acts and subordinate statutes on the details of deposits received by a suspect, recording records (not more than 76 pages of investigation records), investigation reports (the counter party of the requester for the request for a claim), written complaint, etc., investigation reports (Ga and H counter party of the client), investigation reports (the counter party of the client E), investigation reports (the details of remittance attached by the client I, and counter party of H), and remittance records;

1. Article 109 of the Attorney-at-Law Act applicable to the facts constituting an offense, and Article 109 subparagraph 1 (a) and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The amount that the defendant received or promised to receive from the parties to a lawsuit is not the cost for the preparation of legal documents, but in the name of compensating for actual expenses, such as stamp fees, transmission fees, and expenses.

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