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(영문) 수원지방법원 성남지원 2017.11.17 2017고단1779
변호사법위반
Text

The defendant shall be innocent.

Reasons

1. No person, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, or cause or promise to provide such things to a third party, in return for providing, or promising to provide, such things to be provided to him/her, in connection with a litigation case, litigation case, non-litigation case, family conciliation, case or other general legal affairs, shall handle appraisal, representation, arbitration, settlement, solicitation, legal counseling, preparation of legal documents, and other legal affairs;

On June 22, 2015, the Defendant, other than an attorney-at-law, provided consultation on the case of claiming the life insurance for the F’s death accident at the office of the former C commercial building D office during Ansan-si around 16:00, and then agreed to handle the said case and receive 25% of the insurance money as a successful remuneration. On June 24, 2015, the Defendant: (a) claimed the F’s life insurance money to the Korea Life Insurance Co., Ltd.; and (b) filed a petition for the payment of insurance money with the Financial Supervisory Service; (c) accordingly, the Defendant received KRW 169,022,276 from the Korea Life Insurance Co., Ltd. on July 3, 2015; and (d) received KRW 42,200,000 from E as a successful remuneration.

Accordingly, the defendant, not a lawyer, received money and valuables, and promised to deal with the legal affairs on behalf of the defendant.

2. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on the evidence of probative value, which makes a judge not having any reasonable doubt as to whether the facts charged are true. Thus, if there is no such evidence, even if there is suspicion of guilt against the defendant, it shall be determined in the interests of the defendant (see Supreme Court Decision 2010Do9633, Nov. 11, 2010, etc.).

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