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(영문) 인천지방법원 2016.01.28 2015고단6925
변호사법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person, other than an attorney-at-law, shall handle legal affairs, such as representation for, legal counseling on, preparation of legal documents related to, or in promising to receive money, valuables, entertainment or other benefits.

Nevertheless, the Defendant, at around June 11, 2014, consulted D’s personal rehabilitation team office C in Seocho-gu Seoul Metropolitan Government (hereinafter “Seoul Seocho-gu Office”), agreed to handle the case, and agreed to receive the fees of KRW 1,60,000,000,000,000,000 from the legal office C’s personal rehabilitation team office, which was found to be for personal rehabilitation applications, and handled legal affairs, such as personal rehabilitation, by preparing documents necessary for personal rehabilitation applications under the above D’s name, and submitting documents to the Seoul Central District Court. From June 11, 2014 to June 30, 2015, the Defendant handled legal affairs, such as personal rehabilitation, by receiving approximately KRW 120,050,000 of the commission fees on more than 62 occasions, as shown in the list of crimes in the attached Table, by the same method.

Accordingly, the defendant, not a lawyer, received money and other valuables, and dealt with the legal affairs on the case of non-litigation such as personal rehabilitation.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Each report on investigation;

1. A copy of an agreement on business affairs, details of delegation fees, details of each (Account) transaction, and the application of statutes on the submitted data;

1. Article 109 of the Act applicable to the facts constituting an offense and Article 109 of the Judicial Protection Act applicable to the selection of punishment, and the selection of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. The late text of Article 116 of the Act;

1. The fact that there is no record of the same kind of reason for sentencing as the sentencing of Article 334(1) of the Criminal Procedure Act does not exceed the fine, the fact that it appears to recognize and reflect the crime, and that it does not repeat the crime, the period, frequency and scale of the crime, other circumstances as shown in the argument of this case, and the conditions of sentencing, shall be determined as indicated in the order, taking into account such factors as indicated in the text.

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