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(영문) 대법원 2015.02.12 2012도9571
변호사법위반
Text

The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.

Reasons

The grounds of appeal are examined.

1. The summary of the facts charged in this case is as follows.

(1) Defendant A: (a) accepted the case of application for registration, etc. at an attorney-at-law B's legal office located in He from February 29, 2008 to August 201; (b) prepared documents using the attorney-at-law's name and handled the case of application for registration independently; and (c) received a total of KRW 184,27,810 from the clients as a commission fee by directly receiving the case of application for registration from the clients; and (b) handled the case of application for registration in exchange for money and valuables from April 29, 2005 to September 30, 207; and (c) accepted the case of application for registration, etc. at the attorney-at-law C's office located in Seo-gu, Seo-gu, Daejeon from April 29, 2005 to September 30, 2007; and (d) handled the case of application for registration independently by preparing documents using the attorney's name and directly receiving the fees from the clients.

(2) From February 2008 to August 201, Defendant B: (a) registered Defendant A in the legal office B located in Seosan-si with the said office office in the form of the above office; and (b) requested Defendant A to independently accept and process registration affairs under the name of Defendant B, an attorney-at-law, a lawyer; and (c) paid KRW 2 million each month from March 10, 2008 to August 201 in return for the use of the name from Defendant A’s name (from August 2010 to KRW 1.5 million each month). In handling the case of Defendant A’s application for registration, Defendant A, who is not an attorney-at-law, used Defendant B’s name.

(3) Defendant C is from April 29, 2005 to September 30, 2007, at an attorney C law office (from May 2006 to August 2007, the above office was operated as Daejeon Branch Office of Law Firm G) located in the Seo-gu Daejeon Building 1002.

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