A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

No attorney-at-law shall allow or promise to receive money, valuables, entertainment or other benefits from among attorneys-at-law to use his/her name to any person who deals with legal affairs, such as representation for, legal counseling services or preparation of legal documents concerning non-contentious cases.

Nevertheless, on November 9, 2010, the Defendant, at the “A Attorney-at-Law Office” located in Seongbuk-gu, Sungwon-si, Sungwon-si, the Defendant: (a) provided legal counseling to the Secretary-at-Law Office D to request personal rehabilitation procedures; (b) accepted the case under the name of the Defendant and provided legal services, such as preparing and submitting an application for personal rehabilitation to the court; and (c) provided the case from November 9, 2010 to March 28, 2014, 374 items, total sum of the fees, KRW 617,490,630, including personal rehabilitation, bankruptcy, and exemption.

In the end, the Defendant, not an attorney-at-law, provided that D who handled legal affairs with respect to non-contentious cases such as personal rehabilitation, etc., using the name of the Defendant who is an attorney-at-law.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. A copy of the protocol concerning examination of suspect concerning D by the prosecution;

1. The application of Acts and subordinate statutes to each investigation report or copy of investigation report;

1. Subparagraph 2 of Article 109 of the Attorney-at-Law Act, Article 34 (3) and Article 109 subparagraph 1 of the same Act concerning facts constituting an offense, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Based on the reasons for sentencing under Article 116 of the Attorney-at-Law Act, the sentencing conditions indicated in the records of this case, such as the age, character and conduct, family relation, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by the court below.

Unfavorable circumstances: The name lending was made over a long-term period, and the amount of the case also is at least KRW 600,000,000.