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(영문) 대전지방법원 2017.09.22 2017고단1156
변호사법위반
Text

Defendant

A Imprisonment with prison labor for three years, and for one year and six months, respectively.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

Defendant

B as an attorney-at-law from February 2005 to February 2005, the representative of the “B Attorney-at-Law Office” (F.00) in Jongno-gu Seoul Metropolitan Government Office E.

Defendant

A is an office worker (the head of office) belonging to the above law office from November 2005 to the present.

1. No one, other than a defendant A-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, shall handle or arrange appraisal, representation, arbitration, settlement, solicitation, legal consultation, preparation of legal documents, and other legal affairs concerning a litigation case, non-contentious case, etc.

Even if the Defendant is not an attorney-at-law, at the above law office around January 2013, the Defendant accepted and handled the case of application for registration independently by borrowing the attorney-at-law from B, but the Defendant paid the fees to B and bears all the expenses incurred in the process of performing the duties, such as taxes, public charges, and employee wages.

In accordance with the foregoing agreement, at the end of around August 2014, the Defendant: (a) received an application for registration of the establishment of a collateral security from the third branch of Korea bank to the third branch of the bank; and (b) prepared documents in the name of the attorney-at-law upon delegation from the third branch of the bank for registration of the establishment of a collateral security; (c) applied for registration of the establishment of a collateral security at the third branch office around that time; and (d) received from the above branch an average of 13 to 150,000

In addition, the Defendant handled the total sum of 34,613 cases of the application for registration, which is a legal affairs, from January 2013 to December 2016, as stated in the list of offenses, and received the total sum of KRW 1,992,790,594 as a commission fee.

Accordingly, the defendant was not a lawyer and dealt with legal affairs.

2. No attorney-at-law shall receive referrals from non-law as to the number of legal cases or legal cases, or allow such persons to use his/her name.

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