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(영문) 서울중앙지방법원 2017.11.16 2017고정1459
변호사법위반
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

No attorney-at-law shall allow any person who intends to handle legal affairs without qualification as an attorney-at-law to use his/her name.

Nevertheless, around February 2015, the Defendant, an attorney-at-law, had C, other than an attorney-at-law, handle the case of personal rehabilitation, bankruptcy, and face-to-face liability amounting to KRW 2,660,000,00 from the client for personal rehabilitation case, using the name of the attorney-at-law in the name of the Defendant. From that time, until September 2016, the Defendant had C handle the case of personal rehabilitation, bankruptcy, and face-to-face liability amounting to KRW 1,140,00 ( KRW 60,000,000,000 per unit of case) by using the name of the attorney-at-law in the name of the Defendant, and received from the above C the case of personal rehabilitation, bankruptcy, and face-to-face liability amounting to KRW 1,40,000,000 in return for the loan of name.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Protocols or statements made by the prosecution concerning C and E concerning the interrogation of suspect;

1. Copy of each judgment and materials concerning news reports;

1. Application of Acts and subordinate statutes for reporting investigations by prosecutors;

1. Article 109 subparagraph 2 of the relevant Act and subparagraph 3 of Article 109 of the Judicial Protection Act, the selection of fines for criminal facts, and the selection of fines for criminal facts;

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

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

4. Attorneys at law for additional collection;

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

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