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(영문) 서울중앙지방법원 2017.05.18 2017고단1522
변호사법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

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 D 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 fees from clients and comprehensively processing a series of affairs on behalf of clients, such as preparation and submission of documents, correction of documents, service, etc.

Accordingly, around January 4, 2016, the defendant and D consulted E who was found to be for personal rehabilitation at the office A of the above certified judicial scrivener, and received KRW 1,700,000 under the terms of contract fees, and the defendant and D received KRW 1,70,000 from the above certified judicial scrivener office to deal with all of their personal rehabilitation affairs. After preparing an application for personal rehabilitation, list of creditors, list of assets, list of revenue and expenditure, statement, statement, repayment plan, correction plan, etc., and related notification were submitted to the court and received directly from the court. From that time to September 22, 2016, the defendant and D received KRW 76,02,00 in total by dealing with legal affairs, such as personal rehabilitation, bankruptcy, and face liability, as stated in the list of crimes.

Accordingly, the defendant, in collusion with D, received money and other valuables, and dealt with the legal affairs related to non-contentious cases such as personal rehabilitation, bankruptcy, and face-to-face accounting.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant or D by the prosecution;

1. Application of reference materials (the details of banking account transactions and the details of case acceptance);

1. Article 109 subparagraph 1 of the relevant Act and Article 30 of the Criminal Act (Selection of Penalty) of the Act on the Punishment, etc. of Specific Crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The latter part of Article 116 of the Act; and

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