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(영문) 수원지방법원 안산지원 2016.07.13 2016고단1453
변호사법위반방조
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who actually operates an “I” corporation in Gwanak-gu in Seoul Special Metropolitan City (hereinafter referred to as “I”), and Defendant B is a person registered as the representative director of the I or a person who actually works as a general manager.

I, without qualification as an attorney-at-law or a certified judicial scrivener, was introduced by the so-called “personal rehabilitation hub” in which legal affairs, such as personal rehabilitation, bankruptcy, and face books, are handled by lending the name of a law firm, attorney-at-law, or certified judicial scrivener, and is “a specialized loan company” that professionally lends a commission fee to clients who requested a case, such as personal rehabilitation, etc.

I received a loan-related documents from clients who wish to obtain a loan from the clients and transferred the loan to I, and transferred the loan to the account in the name of “personal rehabilitation hub” designated by the “personal rehabilitation hub”. Loans are repaid from clients, and loans that the clients are not changed are repaid from clients, and the clients are operated by means of receiving a repayment on behalf of the “personal rehabilitation hub” which is jointly and severally liable by the “personal rehabilitation hub” which is concluded in advance with the “Agreement on Temporary Agency Transactions.”

From November 2, 2012 to September 7, 2015, the Defendants provided KRW 99,30,000 to 72 clients who requested the process of personal rehabilitation, etc. in order to assist them in handling legal affairs, such as personal rehabilitation, using the name of a certified judicial scrivener, and extended KRW 183,22,737 as an entrustment fee to 183 clients, including 72 clients who requested the process of personal rehabilitation, etc. from April 2, 2012 to April 2016.

As a result, the Defendants conspired to commit an offense of violation of the Act on the Protection of 183 Persons with Personal Rehabilitation Brokers.

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