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(영문) 울산지방법원 2017.06.29 2016고단2127
변호사법위반등
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

30 million won shall be additionally collected from the defendant.

The above additional collection charge.

Reasons

Criminal facts

"2016 Highest 2127"

1. No one, other than an attorney-at-law who has violated the law of defense, shall receive or promise to receive money, valuables, entertainment or other benefits, in connection with a litigation case or other general legal case, handle the appraisal, representation, arbitration, settlement, solicitation, legal counseling, preparation of legal documents, or other legal affairs, or mediate such act;

On January 12, 2015, the Defendant: (a) received a request from D offices located in Seongbuk-gu, Seongbuk-gu, Sungnam-si to request from E to select as the operator of F children's house of the Young-si, and (b) promised to perform the affairs necessary for the public tender to select the operator of the above childcare center on behalf of the victim; (c) prepared a public tender agreement with the victim; and (d) received KRW 30 million from E as an agent for the public tender; and (e) prepared an application for participation in the public tender required for the public tender on behalf of the victim, and submitted a public tender to the victim on January 12, 2015.

As a result, the defendant, not a lawyer, handled legal affairs such as agency or preparation of legal documents with respect to general legal cases.

2. On January 12, 2015, the criminal defendant against the victim E would be able to receive and operate a F Child-Care Center in the said D office from the victim E.

When a successful tender is awarded, the actual operation is possible from March.

The phrase “a contract deposit with a total of KRW 150 million which is down payment and KRW 15 million which is the remainder and KRW 135 million which is the remainder.”

However, as the above child-care center is under dispute between the apartment and the existing operator, it is difficult to know at any time that the operation of the child-care center is possible, and all the money that the defendant received from the injured party as the purchase price of the child-care center or the apartment development fund shall be used for personal debt repayment.

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