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(영문) 수원지방법원 2013.09.27 2013고합445 (2)
변호사법위반
Text

Defendant

A shall be punished by imprisonment for two years, by imprisonment for one year and six months, by imprisonment for Defendant B, and imprisonment for one year and one year.

Reasons

Punishment of the crime

1. The Defendants in violation of the Attorney-at-Law Act were those specialized in bankruptcy, immunity, and processing of individual rehabilitation cases under the name of an attorney-at-law, who are not attorneys-at-law and who receive or promise to receive money, valuables, entertainment, or other benefits, but were not allowed to make any representation, legal consultation, or legal document concerning non-contentious cases from June 4, 2007 to April 18, 2013 using the name of attorney H, etc. as follows, and dealt with such cases as bankruptcy, exemption, individual rehabilitation, etc.

Defendant

A around June 4, 2007, the Defendant consulted with the J which was found to file an application for bankruptcy or exemption at the office located in Seocho-gu Seoul Metropolitan Government, and received 1.1 million won fees for handling the case. After preparing documents necessary for filing an application for bankruptcy or exemption, the Defendant handled legal affairs concerning non-contentious cases by receiving money and other valuables in the name of the Seoul Central District Court by means of filing an application for bankruptcy or exemption in the name of the said J, and handled legal affairs concerning non-contentious cases by receiving money and other valuables, from that time until April 15, 2013, as shown in the attached List of Crimes (A) from that time until April 15, 2013.

B. On September 21, 2007, the Defendant consulted KK which was found to file an application for bankruptcy or exemption at the office located in Seocho-gu Seoul Metropolitan Government, and received 1.1 million won as commission fees for the settlement of the case. The Defendant prepared documents necessary for filing an application for bankruptcy or exemption and handled legal affairs concerning non-contentious cases in exchange for money and other valuables in the name of the Seoul Central District Court by filing an application for bankruptcy or exemption under the above K’s name. From that time to April 18, 2013, Defendant B received approximately KRW 319,000,000 of commission fees from 290 times to April 18, 2013 as indicated in the list of crimes (B).

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