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(영문) 울산지방법원 2017.02.15 2017고단115
변호사법위반
Text

A defendant shall be punished by imprisonment for not more than ten 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 one, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits or shall provide or promise to provide such things to a third party, in return for providing or promising to provide them to do so, in connection with litigation, non-contentious cases, family conciliation or adjudication cases, conduct appraisal, representation, arbitration, settlement, solicitation, legal counseling or preparation of legal documents or other legal affairs, or arrange such acts.

Nevertheless, the Defendant received KRW 11,70,000 from December 2, 2011 to March 2016, 2016, a total of KRW 33,60,000,000 from September 3, 201 to March 3, 2016, as stated in the list of crimes in the attached Table, in return for requesting the acceptance of a successful bid for the auction cases on D Yangsan-si E, F, G land, etc. of the above court D Yangsan-si by requesting the acceptance of the successful bid for the said real estate.

As a result, the defendant, not a lawyer, was given legal counseling services and received money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A written statement of I and J;

1. Application of statutes on the detailed statement of transactions in each passbook, certified copy of each registry, and account details of financial transaction information;

1. Relevant Article of the Act and subparagraph 1 (a) of Article 109 (Selection of Imprisonment with prison labor) of the Judicial Defense over the selection of the relevant criminal facts;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing after the latter part of Article 116 of the Act by an attorney in charge of additional collection;

1. Scope of the recommended punishment according to the sentencing criteria: from 20 up to 2 years (the scope of the recommended punishment) of imprisonment with prison labor for not less than June, and from 20 up to 2 years (the scope of the recommended punishment shall be 30 million won and less than 50 million won), the legal affairs, partnership business, etc. of persons who are not attorneys-at-law;

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