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(영문) 수원지방법원 안양지원 2017.03.31 2017고단73
변호사법위반
Text

A defendant shall be punished by imprisonment for one year.

17,2650,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

No person, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, and shall handle such case on behalf of an attorney-at-law, legal counseling services, preparation of legal documents, etc. with a comprehensive delegation of legal affairs.

1. Despite the fact that the Defendant is not an attorney-at-law, at the “F judicial scrivener office” office located in Suwon-si E building 301 on November 24, 2010, the Defendant accepted the case of personal rehabilitation from the client G at the fee of KRW 1,50,000,000 from the clients’ office, and received the case of personal rehabilitation, and then performed legal affairs, such as representation, legal consultation, preparation of legal documents related to the case of non-transmission, including filing of a written application for personal rehabilitation, list of creditors, list of assets, list of revenue and expenditure, statement of revenue and expenditure, repayment plan, etc., and submitting it to the court. From that time to August 12, 2014, the Defendant handled legal affairs, such as personal rehabilitation, bankruptcy, liability, etc., including 128 personal rehabilitation, and received a total of KRW 13,725,000,000 from the clients.

2. Notwithstanding that the Defendant is not an attorney-at-law, at around January 6, 2015, at the “I law office” on the third floor of Suwon-si, Suwon-si, which received KRW 700,000 from the client’s J, and accepted the case of personal rehabilitation, the Defendant was to prepare an application for personal rehabilitation, list of creditors, list of property, list of revenue and expenditure, statement of revenue and expenditure, a repayment plan, etc. and to submit it to the K court in the name of the attorney-at-law affiliated with the said law office from that time to January 2, 2017, and received KRW 226,00,000,000 from that time, to handle legal affairs, such as personal rehabilitation and bankruptcy, as in attached Table 2, and received KRW 158,20,000,000 in total as a commission fee.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect by the prosecution against K or D;

1. Copies of the written statements made by each prosecutor to the prosecution against L or M;

1. Investigation report (report on the results of execution of a warrant of search and seizure) and investigation report (the suspect A-2, 2015.

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