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(영문) 서울중앙지방법원 2017.03.30 2017고단878
변호사법위반등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person, other than an attorney-at-law or certified labor attorney, shall receive or promise to receive money, valuables, etc. for legal cases, shall handle the affairs of representation, legal counseling, preparation of legal documents, or other legal affairs.

Although the defendant is not an attorney-at-law or a certified labor attorney, the defendant introduced the hospital he/she knows to the injured person, and issued a medical certificate to receive a high degree of disability through the hospital, and received the fees in return for the application for payment of disability benefits to the Labor Welfare Corporation in lieu of the application for payment of insurance proceeds and the insurance company.

On November 2013, the Defendant consulted C with the patient who wants to receive industrial accident insurance benefits in an unclaimed area on the method of claiming disability benefits under the Act on Compensation for Industrial Accident Compensation Insurance, and submitted a written application for disability benefits to the Labor Welfare Service, etc., and made a solicitation to the effect that “the Defendant would cause the worker or advisory doctor of the Labor Welfare Service to receive the desired disability rating” through D, a huber from the employee of the former Labor Welfare Service.

On December 4, 2013, the Defendant received KRW 1,00,000,00, out of the disability lump-sum disability benefits paid by C from the Labor Welfare Service in Seoul, and received KRW 1,20,000,00 from the account of the Defendant under the name of the Defendant, as a fee, in the same manner, from July 27, 2012 to July 6, 2016, the Defendant applied for disability benefits or applied for the payment of insurance proceeds on behalf of the Defendant and received KRW 126,079,020 in total on 42 occasions, as shown in the list of crimes in the attached Form.

Accordingly, the defendant is not an attorney-at-law as stated in the list of crimes, and receives money and valuables, and deals with agency, legal counseling, preparation of legal documents, and other legal affairs regarding legal cases. The defendant receives money and valuables even if he is not a certified labor agent, and receives money and valuables as an agent or agent for remedy of rights, preparation of related documents, etc. under labor law.

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