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(영문) 서울중앙지방법원 2018.06.22 2017노4375
변호사법위반등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

(2) the date of this judgment.

Reasons

1. Summary of prosecutor's appeal grounds;

A. Since the purport of Article 109 subparag. 1 of the Act is to punish an attorney-at-law to handle legal affairs at a cost, the act of receiving money and other valuables to handle legal affairs in the future constitutes a violation of the above Act’s penal provisions, and the conclusion of a contract for legal advisory services itself constitutes a violation of the law’s penal provisions, and thus, the Defendant’s act constitutes a violation of the law’s penal provisions.

B. The sentence of the lower court’s unfair sentencing (the imprisonment of six months, the suspension of the execution of two years, community service hours, the forfeiture of 120 hours) is too uneased and unreasonable.

2. A prosecutor of amendments to Bill of Indictment (additional charges) shall maintain the facts charged of violating the existing Defense Act, which the court below acquitted on the charge of violating the Act, as the primary charges, and the following:

4. A. Application for Amendments to Bill of Indictment was filed by adding the facts charged as described in paragraph (1) to the ancillary charges, and this Court permitted this to be added to the case.

The reasons for appeal against the primary facts charged by the prosecutor and the preliminary facts added in the trial of the party are examined in order.

3. Judgment on the prosecutor's mistake of facts and misapprehension of legal principles as to the primary facts charged

(a) No person, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, or shall offer or promise to offer such things to a third party, and shall handle appraisal, representation, arbitration, settlement, solicitation, legal consultation, preparation of legal documents, and other legal affairs with respect to a case, an investigation, etc. handled by an investigative agency, etc.

On March 2015, the Defendant is responsible for providing a lifelong legal counseling at the seat of the Defendant’s house located in the Gangnam-gu Seoul Metropolitan Government, and the victim D with “Is Seopo-si L’s land to be donated free of charge at the time of Seopo-si, Seopo-si.”

"........"

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