logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.01.05 2017고단957
변호사법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, and handle legal affairs comprehensively delegated, such as representation for, legal counseling on, preparation of legal documents related to, etc. in connection with non-contentious cases.

Although Defendant and C are not attorneys-at-law, they conspired to deal with all legal affairs, such as personal rehabilitation and bankruptcy, by receiving money in the name of attorney-at-law from clients and comprehensively processing a series of affairs, such as preparation and submission of documents, correction of documents, service, etc. on behalf of clients.

Accordingly, around December 24, 201, the Defendant and C consulted D, which was found to be for personal rehabilitation at the above certified judicial scrivener A office, and received KRW 1,600,000 on the terms of contract fees, and agreed to provide personal rehabilitation applications, list of creditors, list of assets, list of revenue and expenditure, statement, repayment plan, draft plan, correction plan, etc., and the relevant notification was submitted to the court and received directly from the court. In addition, from September 25, 2012, the Defendant and C received the total amount of KRW 537 personal rehabilitation, bankruptcy, liability, etc. by dealing with legal affairs, such as personal rehabilitation, bankruptcy, and book, and received KRW 821,60,000 in total.

As a result, the Defendant conspired with C to receive money and other valuables, and dealt with the legal affairs related to non-contentious cases, such as personal rehabilitation, bankruptcy, and face-to-face liability.

Summary of Evidence

1. Statement by the defendant in court;

1. Second-time protocol concerning C concerning the examination of suspects by the prosecution;

1. A credit supplemental contract, etc.;

1. Application of the Act and subordinate statutes No. 78 to 83 of the Investigation Report (A.A. certified judicial scrivener's case acceptance details), evidence list No. 78 to 83

1. Relevant legal provisions concerning facts constituting an offense, Article 109 subparagraph 1 of the Act, and Article 30 of the Criminal Act (Optional to Imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

arrow