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(영문) 서울중앙지방법원 2017.09.21 2017고단5215
공문서위조등
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of 7,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A is a person who has been engaged in legal affairs, such as personal rehabilitation and bankruptcy immunity, at an attorney-at-law office located in Seoul, from May 2015 to April 2016 at the attorney-at-law office located in Seoul C.

(a) No person, other than an attorney-at-law in violation of the law of defense, shall receive or promise to receive money, valuables, entertainment or other benefits, and handle legal affairs, such as representation, legal counseling, preparation of legal documents, etc. with respect to legal cases, such as litigation cases, non-contentious cases;

The Defendant, while working as a professional secretary for personal rehabilitation in the law office B, agreed to pay 50,000 won per month to the above B and 130,000 won per case accepted as the case for personal rehabilitation, etc. under the name of the attorney-at-law in return for handling the case under the name of the attorney-at-law.

On June 8, 2015, the Defendant received KRW 2,00,000,00 from the client E as a commission fee from the attorney-at-law office located in the third floor of the Seocho-gu Seoul Metropolitan Government D Building, and prepared documents for personal rehabilitation of the above E in the name of B attorney-at-law and submitted them to the Seoul Central District Court located in Seocho-gu Seoul Central District Court at the center of Seocho-gu, Seoul.

In addition, from June 8, 2015 to March 24, 2016, the Defendant received a total of KRW 39,700,000 from the attorney-at-law using the name of B as shown in the attached crime list (1) and processed non-contentious cases, such as personal rehabilitation.

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.

B. Around October 26, 2015, the Defendant handled the client’s personal rehabilitation application case by means of the same method as the above A., and received KRW 1,120,000 from a new bank account (F) in the name of the said B attorney upon a request from the said E to request payment instead of a change following the decision to commence the procedure for personal rehabilitation. The Defendant was in the course of performing his/her duties after receiving transfer of KRW 1,120,000 to the said bank account.

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