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(영문) 서울동부지방법원 2016.01.27 2015고정2067
변호사법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is an unqualified person who is not a lawyer.

No person, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, and shall handle legal affairs, such as representation for a litigation case, legal counseling services, preparation of legal documents, etc.

Nevertheless, at around 11:00 on September 9, 2013, the Defendant received KRW 3230,000 from the Seoul Southern District Court first floor located in Yangcheon-gu Seoul Metropolitan Government, Yangcheon-gu, 313-1, and received KRW 3230,00 in total from the Plaintiff’s account (H) of the Defendant’s name for additional expenses from July 1, 2013, and then prepared a written response related to the above litigation case and prepared a legal consultation and legal consultation, etc. with respect to the above litigation case, under the condition that “the Defendant may have objection to a lawsuit, such as a claim for return of unjust enrichment againstG”, upon request of the Plaintiff, would substitute the litigation case.

Accordingly, even if the defendant is not an attorney-at-law, he received money and handled the legal affairs on litigation cases such as return of unfair benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning B of the protocol concerning the interrogation of the suspect against the defendant by the prosecution

1. Statement made by the police against B;

1. A copy of a remittance certificate, a copy of the details of passbook transactions, a copy of the written judgment, a copy of the written judgment, a copy of the complaint, a copy of the power of attorney, a copy of the reply

1. Application of Acts and subordinate statutes to investigation reports (Submission of detailed statement of deposit transactions);

1. Relevant Article of the Act concerning facts constituting an offense and subparagraph 1 of Article 109 of the Act (Selection of Penalty) by an attorney at the option of a punishment;

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

1. The late text of Article 116 of the Act;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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