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(영문) 인천지방법원 2015.11.27 2015고단6903
변호사법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

No person, other than an attorney-at-law, shall handle legal affairs, such as representation, legal counseling or preparation of legal documents with respect to non-contentious cases in return for receiving or promising to receive money, valuables, entertainment or other benefits.

Nevertheless, around July 9, 2013, the Defendant, at a law firm C and law firm D Individual Rehabilitation Team office located in the third floor of Seocho-gu Seoul, Seocho-gu Seoul Metropolitan Government, consulted on the case, agreed to handle the case, and agreed to receive a fee of KRW 1.2 million. The Defendant, by preparing documents necessary for the application for individual rehabilitation and submitting documents to the Seoul Central District Court in the name of the above E, handled legal affairs concerning non-contentious cases. From December 26, 2012 to July 2, 2014, the Defendant received approximately KRW 110,810,000 of the commission fee for 85 occasions as stated in the attached Table 1 and 2, and handled legal affairs, such as personal rehabilitation, by the same method.

Accordingly, the defendant, not an attorney-at-law, dealt with legal affairs concerning non-contentious cases such as personal rehabilitation.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused and F by the prosecution;

1. A copy of the A Business Agreement, the details of fees paid to A from Lone Star Partnership Loans, one copy of the transaction details of G account in each new bank in the name of A, one investigation report (re-attached of the transaction details of fees), and the application of Acts and subordinate statutes to report an investigation (statement of the amount of penalty);

1. Article 109 of the Attorney-at-Law Act applicable to facts constituting an offense, Article 109 of the Act on the Selection of Punishment, and Selection of Imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant H: Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under the latter part of Article 116 of the Attorney-at-Law Act;

1. Scope of the recommended sentence on the sentencing guidelines [the scope of the recommended sentence] the category five (not less than KRW 100 million) aggravated area (two to seven years) such as dealing with and operating businesses of non-legal persons, etc., shall be added to the same class of competition.

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