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(영문) 서울중앙지방법원 2017.05.11 2016고단8315
변호사법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

517,922,130 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

No person, other than an attorney-at-law or certified labor attorney, shall receive or promise to receive money, valuables, etc. for legal cases, shall handle the affairs of representation, legal counseling, preparation of legal documents, or other legal affairs.

Although the defendant is not an attorney-at-law or a certified labor attorney, the defendant introduced the hospital he knows to the injured person, issued a medical certificate to receive a high degree of disability through the hospital, and thought that he/she applied for disability benefits to the Labor Welfare Corporation in lieu of applying for insurance benefits, and received fees in return.

1. On May 2013, the Defendant explained the method of receiving more insurance benefits to E who wants to receive general insurance benefits at the site of a disaster, and informs the Defendant to receive a diagnosis for a disability after the occurrence, based on which the Defendant calculated insurance benefits and tried to prepare a written claim for payment of insurance benefits to E, and then had E apply for the payment of insurance benefits.

Since then, around May 20, 2013, the Defendant received 600,000 won from E to a new bank account under the name of the Defendant as a fee, as well as from January 29, 2013 to August 1, 2016, in total, from January 29, 2013 to August 1, 2016, the Defendant received 372,242,50 won under the name of commission.

Accordingly, the defendant received money and valuables from a person who is not an attorney-at-law, and dealt with agency, legal counseling, preparation of legal documents, and other legal affairs.

2. On June 2014, the Defendant informed F of the claim for benefits under the Industrial Accident Compensation Insurance Act, the state of disability, the amount of benefits, and the method of receiving a larger amount of benefits, etc. to F, who wants to receive industrial accident insurance benefits at the site of the emergency, and submitted a written claim for disability benefits to the Labor Welfare Corporation. After submitting the written claim for disability benefits to F, the Defendant may receive disability ratings desired to the employees of the Labor Welfare Corporation or advisory doctors through G, a huber from the employee of the former Labor Welfare Corporation.

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