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(영문) 인천지방법원 부천지원 2016.07.15 2016고단971
변호사법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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, on April 10, 2015, the Defendant, who is not an attorney-at-law, participated in the auction process, such as searching for goods, analyzing rights and bid prices, explaining them to B, preparing a bid price in lieu of the bid price, etc., at the request of B, the Defendant, who was not an attorney-at-law, was transferred KRW 5 million to a Switzerland account in the name of the Defendant on April 10, 2015, and was transferred KRW 5 million in the name of the Defendant on June 16, 2015 to a Switzerland account in the name of the Defendant, and was transferred KRW 5 million in the name of the Defendant on June 16, 2015 as a fee.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a complaint and a detailed statement of deposit;

1. Article 109 of the Act applicable to the facts constituting a crime, Article 109 of the Act, and the choice of punishment by imprisonment;

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

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 116 of the Act [the scope of recommending punishment] No person who is not an attorney-at-law shall have a basic area (6 months to 10 million won) (6 months to 30 million won) [the person who is subject to special sentencing] [the sentence] of this case is an act detrimental to the foundation of the attorney-at-law system and the sound trade order in the legal market, and the defendant does not have a criminal record of the same kind.

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