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(영문) 인천지방법원 2016.08.19 2015고정3716
변호사법위반
Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, from April 2012 to January 2013, 2013, was in office as the representative attorney-at-law of law firm D from 7th floor of Seoul Jung-gu, Seoul to 2013, and leased the name of attorney-at-law to E. E is a person who independently operates an individual rehabilitation and bankruptcy team in the position of the secretary general in the above law firm D and handles legal affairs, such as the case of individual rehabilitation and bankruptcy.

From December 13, 2012 to January 31, 2013, the Defendant lent the name of the attorney-at-law in the above law firm D, to the above E, who is not an attorney-at-law, and let the above E deal with the case, including the case of total of 66 cases and total of 6,550,000 won, including the case of personal rehabilitation and bankruptcy.

As a result, the defendant let E, other than a lawyer, handle the legal affairs related to non-litigation cases, such as personal rehabilitation, using the name of the law firm D and the defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. One copy of the written agreement on the trade of the temporary suspension body;

1. Application of Acts and subordinate statutes to investigation report [Attachment to a copy of the details of loans on commission fees deposited into Law Firm F from Lone Star Sy Star Loan (State)];

1. Article 109 of the Act applicable to the facts constituting an offense and Articles 109 subparagraph 2 and 34 (3) of the Act (generally, selection of fines);

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

1. Article 116 of the Additional Collection Attorney Act / [The defendant was paid a total of KRW 14 million by receiving KRW 7 million per month from E at his/her own length, and thus, he/she was paid a total of KRW 14 million from the defendant shall be additionally collected.]

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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