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Reasons
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(영문) 수원지방법원 안양지원 2017.10.20 2017고단143
변호사법위반
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

No attorney-at-law shall allow any person other than an attorney-at-law to use his/her name or title.

Nevertheless, on November 18, 201, the Defendant, an attorney-at-law, had E, who is not an attorney-at-law, handle personal rehabilitation and individual bankruptcy cases in total amount of KRW 1.49 billion using his/her name, such as written in the list of crimes in attached Table 1, from the time to November 6, 2015, by allowing E, using his/her name, to handle personal rehabilitation and individual bankruptcy cases in total of KRW 1.12 million in return for lease in the name of the attorney-at-law, from around 18, 201 to November 6, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

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

1. Investigation report (calculated as a suspect A additional collection charge);

1. Application of Acts and subordinate statutes to credit complementary contract (D's legal office), light capital loan details (D's legal office), and light (Evidence No. 73 No. 5 of the evidence list);

1. Article 109 of the Act applicable to the facts constituting an offense and Articles 109 subparagraph 2 and 34 (3) of the Act (opportune of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Sentencing of the latter part of Article 116 of the Act - Unfavorable circumstances: The fact that an attorney at law has committed the instant crime with his/her essential part forgotten, and that the nature of the crime is grave in light of the period of the instant crime or the profits acquired by the commission of the crime, etc.; - The circumstances that there are no other criminal records, such as the same criminal records, other than the previous criminal records of a single type of fine - Other circumstances: the motive and background of the crime, age of the defendant, sex behavior, occupation, family relationship, property status, etc

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