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(영문) 부산지방법원 2014.02.19 2013고정5143
변호사법위반
Text

Defendant shall be punished by a fine of KRW 1,700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one, other than an attorney-at-law, shall handle or arrange legal services, such as appraisal, representation, arbitration, settlement, solicitation, legal consultation, preparation of legal documents, with respect to an investigation case being handled by an investigative agency, in return for receiving or promising to receive money, valuables, entertainment or other benefits.

Nevertheless, as the entertainment room operated by C was controlled by the police and detained by the president D, staff E, and F of the said entertainment room, the Defendant stated, around March 2010, to the above C, that the said C was issued KRW 500,000 in return for an attorney-at-law referral from the said C around April 1, 2010, at a cafeteria located in the Busan Seo-gu Clockal Zone.

As a result, the defendant received money and other valuables from a lawyer and assisted the act of proxy for an investigation case in an investigative agency.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Inquiry into the details of liquidity transactions;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 fine

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The latter part of Article 116 of the Attorney-at-Law Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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