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(영문) 수원지방법원 2017.08.24 2017고정1953
변호사법위반
Text

Defendant shall be punished by a fine of KRW 35 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a certified judicial scrivener who operates a “A certified judicial scrivener office” under subparagraph 102 of the building B in Suwon-si, Suwon-si, and C is a person who had worked as a person in exclusive charge of personal rehabilitation in the above “A certified judicial scrivener office” from June 2010 to the present.

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.

A defendant and C, even though they are not attorneys-at-law, they deal with legal affairs, such as personal rehabilitation and bankruptcy, by receiving money in the name of attorney-at-law from clients and comprehensively handling a series of business affairs, including preparation, submission, document correction, service, etc. on behalf of clients. The defendant knew of the above circumstances, he agreed to enable C to deal with legal affairs, such as personal rehabilitation and bankruptcy, using the name of the defendant at the defendant's office, and in return, receive KRW 1,200,000 per month from C.

Accordingly, around June 25, 2010, the Defendant and C agreed to perform all of the personal rehabilitation affairs of D and D at the said A certified judicial scrivener office, and received KRW 1,100,000 as commission fees. After preparing a personal rehabilitation application, list of creditors, list of assets, list of revenue and expenditure, statement, repayment plan, written correction plan, etc., and submitting relevant written correction to the court and receiving relevant notification from the court, the Defendant and C performed legal affairs as a comprehensive agent for the personal rehabilitation of D from November 13, 2016, including conducting legal affairs from the time to November 13, 2016, including conducting all of the legal affairs such as personal rehabilitation and bankruptcy, and received KRW 443,250,000 in total as commission fees from the clients.

Accordingly, the defendant is not an attorney-at-law in collusion with C.

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