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(영문) 의정부지방법원 2019.02.14 2017고단2940 (1)
변호사법위반
Text

A defendant shall be punished by imprisonment for one year.

6,399,490 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

B From June 2014 to June 2016, the attorney-at-law who operated the G law office in Seocho-gu Seoul Metropolitan Government E-building D, and from June 2016, from mid-to mid- June 2016, the defendant is a person who worked in office in the above G law office.

No person, other than an attorney-at-law, shall handle legal affairs, such as legal counseling or preparation of legal documents concerning legal cases, such as non-contentious cases, in return for receiving or promising to receive money or valuables

Nevertheless, on July 8, 2015, the Defendant, despite being not an attorney-at-law, accepted the case in the name of the said G law office with the fees of KRW 1,80,000,00 from the clients for individual rehabilitation in the name of the said G law office, and then prepared an application form, etc. for commencement of individual rehabilitation procedures with H around that time and submitted it to the Busan District Court at around that time, and submitted it to the Busan District Court. From July 7, 2015 to December 28, 2015, the Defendant received the total amount of KRW 66,39,490 in the name of B with the fees of attorney-at-law totaling 45 times from July 7, 2015 to December 28, 2015, and provided legal services independently by preparing

Summary of Evidence

1. Statement B in the second protocol of the trial;

1. Police suspect interrogation protocol of the accused;

1. Investigation report (specific number of cases retained by an individual rehabilitation case, including I, and the amount to be retained);

1. Application of the A J bank-related Acts and subordinate statutes;

1. Article 109 of the Attorney-at-Law Act applicable to facts constituting an offense and subparagraph 1 of Article 109 of the Attorney-at-Law Act selected to impose a sentence (or

1. Grounds for sentencing under Article 116 of the Attorney-at-Law Act;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. The scope of recommendations on the sentencing criteria: Imprisonment for two and half years (the scope of recommendations) from six to five years (the scope of recommendations), and business dealing with and operating legal affairs of persons who are not attorneys-at-law, and the aggravated area (two and a half years to five years) (the amount exceeding 50 million won, and less than 100 million won) (two and a half years).

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