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(영문) 인천지방법원 2017.05.26 2017고단2393
변호사법위반
Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a certified judicial scrivener who operates the "Certified Judicial Scriveners A" office located in 102 in the Yangcheon-gu Seoul Metropolitan Government building B, and C is a person who has been working as an officer in exclusive charge of personal rehabilitation in the above certified judicial scrivener office from January 2009.

No person, other than an attorney-at-law, shall handle legal affairs, such as representation for, legal counseling on, preparation of legal documents related to, or in promising to receive money, valuables, entertainment or other benefits.

Although Defendant and C are not attorneys-at-law, they agreed to handle legal affairs, such as personal rehabilitation and bankruptcy, by receiving money in the name of commission fees from clients in case of individual rehabilitation and bankruptcy and by comprehensively processing a series of affairs on behalf of clients, such as preparation and submission of documents, correction of documents, service of documents, etc., and that the Defendant and C have divided the profits in 4 and 3 ratio.

Accordingly, around November 20, 2009, the Defendant and C agreed to handle all of the clients’ personal rehabilitation affairs with D and D as commission fees, and received KRW 1,150,000,00 from the said “A office of a certified judicial scrivener” as well as dealing with the legal affairs as a comprehensive agent for D’s personal rehabilitation by preparing a list of creditors, list of property, list of revenue and expenditure, statement of revenue and expenditure, written repayment plan, written repayment plan, written correction plan, etc., and submitting the relevant notice to the court, and receiving the relevant notice from the court. From November 20, 2009 to January 20, 2017, the Defendant and C dealt with the legal affairs such as personal rehabilitation, bankruptcy, etc., including 130 personal rehabilitation, and received a total of KRW 134,40,000 from the clients as commission fees.

Accordingly, the defendant, in collusion with C, was not an attorney-at-law and dealt with legal affairs concerning non-litigations.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the suspect of the defendant or C by the prosecution;

1. Each investigation report (the report on the result of execution of a warrant of search and seizure and of attorney fees);

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