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(영문) 서울중앙지방법원 2017.05.11 2017고단1388
변호사법위반
Text

Defendants shall be punished by imprisonment for one year.

However, each of the above two years against the Defendants from the date of the final judgment.

Reasons

Punishment of the crime

1. Defendant A is a person who, from March 201 to July 2011, works as a certified judicial scrivener I in Seocho-gu Seoul Metropolitan Government’s office and who, from December 2011 to October 201, performed legal affairs, such as personal rehabilitation, bankruptcy, etc., at a law firm G located in Seocho-gu Seoul Metropolitan Government’s office from December 2, 2011 to October 201, from Seocho-gu’s office in Seocho-gu Seoul Metropolitan Government’s 402 building; and from December 2, 2013 to March 2015, Defendant A is a person who performs legal affairs, such as personal rehabilitation, bankruptcy, etc.

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.

A. On January 10, 201, the Defendant and J, even if not an attorney-at-law, accepted the case of personal rehabilitation by the clients K at the above law firm E office, and subsequently, took charge of the case of personal rehabilitation, such as preparing an individual rehabilitation application, list of creditors, list of assets, list of revenue and expenditure, statement of repayment, repayment plan, etc., and submitting it to the court in the name of the L attorney-at-law belonging to the above law firm E in the name of the above law firm E, as shown in attached Table 1, until July 20, 201, handle the case of personal rehabilitation, bankruptcy, etc., including the total amount of 170 cases, including the case of personal rehabilitation, and the total amount of 254,00,000 won.

Accordingly, the defendant, in collusion with J, dealt with the legal affairs concerning non-contentious cases in return for money and other valuables.

B. Around January 3, 2013, the Defendant and M, even though not an attorney-at-law, received 1,500,000 won from the client N and accepted the case of personal rehabilitation by accepting the case of personal rehabilitation at the above law firm G office, the Defendant and M, etc., prepare an individual rehabilitation application, list of creditors, list of property, list of revenue and expenditure, list of revenue and expenditure, statement, repayment plan, etc., and submit it to the court under the name of the above law firm G attorney-at-law from that time to June 28, 2013.

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