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(영문) 수원지방법원 안양지원 2017.02.07 2016고단2113
변호사법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

170,158,505 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

The Defendant, from October 2010 to March 2016, 201, worked as an officer in exclusive charge of personal rehabilitation in the “E Certified Judicial Scriveners Office” located in Cheongju-si, Seo-gu, Seo-gu, and E is a certified judicial scrivener who operated the above certified judicial scrivener office.

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.

Although the Defendant and E are not attorneys-at-law, the Defendant: (a) recruited clients through advertisements; and (b) handled legal affairs, such as personal rehabilitation and bankruptcy, by comprehensively handling a series of affairs on behalf of clients, such as preparation, submission, document correction, service, etc., by receiving fees from clients; and (c) upon being aware of the aforementioned circumstances, E agreed to enable the Defendant to perform legal affairs, such as personal rehabilitation and bankruptcy, using the name of E certified judicial scrivener, and in return, receive KRW 1,50,000 per month from the Defendant.

Accordingly, around October 2010, the Defendant and E agreed to perform all personal rehabilitation affairs of the clients F and F in the “E Certified Judicial Scriveners Office” and received KRW 1,000,000 as commission fees. After preparing a list of creditors, list of assets, list of revenue and expenditure, list of revenue and expenditure, statement, repayment plan, correction plan, etc., and submitting related notice to the court, and conducting legal affairs as a comprehensive agent for the F’s personal rehabilitation case by means of receiving directly from the court. From October 2010 to March 2016, the Defendant and E received KRW 692,00,000 in total as stated in the list of crimes from around October 201 to March 2016.

Accordingly, the defendant is not a lawyer in collusion with E and receives money and valuables.

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