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(영문) 인천지방법원 2016.11.03 2015고단6998 (1)
변호사법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

B is a person who deals with legal affairs, such as individual rehabilitation bankruptcy, in Law Firm D located in the third floor of Seocho-gu Seoul Metropolitan Government, from January 2012 to March 2014.

The Defendant is an attorney-at-law working for a law firm in the third floor of the above C building from January 2012 to March 2014, who lent the name of the attorney-at-law to Defendant B.

No person, other than an attorney-at-law, shall handle legal affairs, such as representation, legal counseling or preparation of legal documents with respect to non-contentious cases in return for receiving or promising to receive money, valuables, entertainment or other benefits.

From January 13, 2012 to March 24, 2014, the Defendant lent the name of the attorney to the above B who is not an attorney-at-law, and had the above B deal with the case, such as personal rehabilitation of 455 items, total sum of commission fees, 52,073,300,000 won, including personal rehabilitation of 4,00 won, by having the client deal with the series of business affairs, such as preparation and submission of documents, correction of documents, service, application for prohibition, cancellation of provisional attachment, cancellation of registration, and cancellation of registration of bad credit, after accepting the case from the above law firm D to the client E.

Accordingly, the defendant let B, not a lawyer, deal with legal affairs concerning non-contentious cases such as individual rehabilitation in the name of the defendant.

Summary of Evidence

1. Each legal statement of the defendant and B;

1. Each prosecutor's interrogation protocol concerning B;

1. A protocol of examination of part of the defendant by prosecution;

1. Investigation report (report on the results of tracking the financial account);

1. A written agreement on the transaction of the temporary suspension body (in conclusion between February 20, 2014 and Korean slab Loan and Law Firm D),

1. Investigation report (verification of the amount equivalent to the commission fee out of the details of account transaction in B);

1. One copy of a statement of payment of royalties through a lending company;

1. Application of Part I Acts and subordinate statutes to the details of payment of fees received from the applicant for rehabilitation;

Article 109 of the Attorney-at-Law Act;

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