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(영문) 수원지방법원 성남지원 2017.11.14 2017고정1030
변호사법위반
Text

Defendant shall be punished by a fine of KRW 25,000,000.

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

Reasons

Punishment of the crime

No attorney-at-law shall allow any person who intends to handle legal affairs without qualification as a lawyer to use the name of an attorney-at-law.

Nevertheless, around January 19, 2012, the Defendant, as an attorney-at-law, had C, D, and E, who is not an attorney-at-law at the “Law Office A,” located in Seocho-gu Seoul Metropolitan Government (Seoul), receive 1,400,000 won from the client of an individual rehabilitation case using the name of the attorney-at-law in the name of the defendant and handle personal rehabilitation and individual bankruptcy cases in total of 253,40,000 won from May 31, 2013 using the defendant’s name as shown in the list of crimes in the attached Table, and received KRW 48,00,000 in return for loans from C, D, and E.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the suspect by the prosecution against the accused, C, or D (including E part of the statement);

1. Application of each investigation report (personal rehabilitation hub C's data related to violation of the Act in defense of the head of an individual rehabilitation hub C, and details of transit accepted by an attorney-at-law) and credit supplement contract, each standard contract for loan transactions, each standard contract for loan transaction, loan transaction agreement, and details of transit

1. Article 109 of the Act applicable to the facts constituting an offense and Articles 109 subparagraph 2 and 34 (3) of the Act (Optional to a punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. An attorney-at-law for additional collection;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion includes value added tax, four insurance premiums, rents, etc. for KRW 3,00,000 that the Defendant received every month from C, etc., so this part must be deducted from the calculation of the additional collection charge.

2. That the Defendant paid value-added tax, etc. with the money received from C, etc.;

This means that the defendant uses expenses or criminal proceeds in order to obtain criminal proceeds.

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