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(영문) 청주지방법원 2017.06.28 2017고단460
변호사법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of a sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a certified judicial scrivener who operates the office of certified judicial scrivener A in Seo-gu, Seo-gu, Seo-gu, Chungcheongnam-si, and 102, and D is a person who has worked as an officer in exclusive charge of personal rehabilitation in the above “A office of certified judicial scrivener A” from July 2014 to December 2016.

No person, other than an attorney-at-law, shall handle legal affairs, such as representation for, legal counseling on, preparation of legal documents related to, or in promising to receive money, valuables, entertainment or other benefits.

Although Defendant and D are not attorneys-at-law, D, after attracting clients through advertisements, has received money in the name of commission fees from clients and handle various legal affairs, such as personal rehabilitation and bankruptcy, by comprehensively handling a series of affairs, including preparation, submission, document correction, service, etc. on behalf of clients, and the Defendant agreed to receive KRW 3,00,000 per month from D in return, with knowledge of the above circumstances, to enable D to perform legal affairs, such as personal rehabilitation and bankruptcy, at the Defendant’s office.

Accordingly, around August 2014, the Defendant and D agreed to handle all of the personal rehabilitation affairs of E and E at the “A office of a certified judicial scrivener” and received KRW 1,000,000 as a commission fee, and submitted the list of creditors, list of assets, list of revenue and expenditure, statement, repayment plan, correction plan, etc. to the court, and submitted the relevant notification to the court, and so forth, the Defendant and D dealt with the legal affairs as a comprehensive agent for the personal rehabilitation of E by means of receiving directly from the court. From August 2014 to November 2016, the Defendant and D received KRW 561,00,000 in total as shown in the list of crimes in the attached Table, and received KRW 561,00,000 in trust fees from the clients.

Accordingly, the defendant, in collusion with D, dealt with legal affairs concerning non-contentious cases in return for money and valuables.

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