2015 High Court Decision 3816 Violation of the Attorney-at-Law Act

1. Kim○-○ (72 - 1), Attorneys-at-law

Seocho-gu Seoul Metropolitan Government Seocho Central Road

[Reference domicile]

2. Category ○○ (75 - 2), Attorneys-at-law

Housing Yangcheon-gu Seoul Metropolitan Government Hadongro

Seocho-gu Seoul Metropolitan Government Seocho-ro

Seoul Reference domicile

No. 500,000,000

June 30, 2016

Defendants shall be punished by a fine of KRW 20,00,00.

When the Defendants did not pay each of the above fines, the period of 100,000 won converted into one day shall be avoided.

The custody of senior citizens in a workhouse.

1, 400, 000 won shall be collected from each of the Defendants.

To order the Defendants to pay an amount equivalent to the above fines.

Criminal History Office

The Defendants are attorneys-at-law belonging to the law firm ○○, located at the Seocho-gu Seoul Western central level.

The Defendants agreed to receive KRW 100,000 per case of individual rehabilitation in return for lending the Defendants’ names to the ○○○○, the office chief of ○○○, a law firm, in the name of the attorney.

From April 29, 2014 to December 31, 2014, the Defendants: (a) leased the names of the attorneys-at-law from the above ○○○ office to the above ○○ office of the law firm from around December 29, 2014; (b) handled 228 cases, including personal rehabilitation, bankruptcy, etc.; and (c) received commission fees of 348, 100,000 won; and (d) acquired the consideration for the name lending.

As a result, the Defendants conspired to allow the least ○○○, who is not an attorney-at-law, to deal with legal affairs concerning non-contentious cases such as personal rehabilitation in the name of the Defendants.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of the witness ○○○;

1. Investigation report (Attachment to a detailed statement of account transaction related to the deposit of the name lending fee); and the bank limit under the name of ○○○;

A copy of a balance sheet of transactions;

1. One copy of output of the current status of the loan of the fees by rehabilitation hub, one copy of the loan of the fees to the law firm ○○.

One copy of a written agreement on business suspension and prior consultation, etc.

1. The details of the withdrawal of cash from the account in the name of the largest○○ bank account, and the account in the name of the largest○ bank account;

Details of payment of benefits

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Defendants: Article 109 subparag. 2, Article 34(3) of the Attorney-at-Law Act; Article 30 of the Criminal Act; Selection of a fine

1. Detention in a workhouse;

Defendants: Articles 70(1) and 69(2) of the Criminal Act

1. Additional collection:

Defendants: Article 116 of the Attorney-at-Law Act (the profits earned by the Defendants from the crime of this case)

The amount of KRW 22,80,000,000 for each case, such as birth, is paid as KRW 100,000 per case.

( = = 28 cases listed in the separate sheet of crime committed in the instant case x 100,000 won).

1/2 of the above amount, 11, 400, 000 won shall be collected from the Defendants.)

1. Order of provisional payment;

Defendants: Article 334(1) of the Criminal Procedure Act

Judgment on Defendants’ assertion

The Defendants asserted that the Defendants did not lend the name of the lawyer to the least ○○○ inasmuch as they had employed the maximum ○○ as an employee to perform the business of individual rehabilitation, etc. and had been directed and supervised as an employer.

Article 109 Subparag. 2 of the Attorney-at-Law Act provides that an attorney-at-law shall use his/her name to determine whether an attorney-at-law has committed a violation of Article 109 Subparag. 1 of the Attorney-at-law Act by providing legal services using the name of the attorney-at-law. In order to determine whether an attorney-at-law has been involved in a violation of Article 109 Subparag. 1 of the Attorney-at-law Act by providing legal services, the following should be examined: (a) the first case of a legal case dealt with from the first case to the final case; (b) the type and content of a legal case; (c) the level of legal knowledge necessary for the character and processing of legal affairs; (d) whether an attorney has been involved in the process of opening an office and operating methods of an office; and (e) the method of managing the income of the office; (d) the method of managing the income of the attorney-at-law and the staff; and (e) the amount paid in return for using the name.

According to the evidence duly examined and adopted by the court, ○○○ directly decided to employ employees who will work at the rehabilitation team. The person’s personal account received commission fees, etc., and paid the Defendants monthly fees of KRW 100,000 per month. The Defendants did not participate in the specific process of business, such as acceptance of personal rehabilitation cases, counseling, determination of commission fees, document preparation, etc. The Defendants requested ○○○○ to manage the commission fees for rehabilitation cases, etc. on several occasions. On May 2014, 201, ○○○○○ was so notified that the Defendants did not use the corporate account. However, the Defendants did not receive the highest amount of commission fees for their personal account and independently manage them on their own account for a considerable period of time after being under the name of ○○○○’s personal account. The Defendants’ assertion that the Defendants did not receive the above case’s supervision and supervision during the process of rehabilitation by using the name of the Defendants’ personal account.

Judges Kim Jong-Gyeong