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(영문) 인천지방법원 부천지원 2016.01.15 2015고단3176
변호사법위반
Text

1. The defendant A shall be punished by imprisonment with prison labor for one year and six months;

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. No person, other than a defendant A-at-law, who receives or promises to receive money, valuables, entertainment or other benefits, shall arrange legal counseling services, preparation of legal documents or other legal affairs concerning the litigation case;

Nevertheless, the Defendant, while working for a credit information company, requested the clients to collect a claim and explained that the clients should have the right of execution by filing a lawsuit with a court through a certified judicial scrivener in order to obtain the title of execution necessary for the collection of claims, and then, the Defendant arranged a case through the pre-determined certified judicial scrivener to transfer the documents necessary for the preparation of the lawsuit, such as a loan certificate possessed by the above obligees, and received money and valuables by the legal scrivener in return for receiving a certain portion of the fees paid by the clients from the clients to the account.

From March 13, 2012 to July 9, 2014, the Defendant arranged B certified judicial scriveners to prepare litigation documents and received total amount of KRW 80,327,100 over 213 times, as shown in attached Table 1 copy of the crime committed.

As a result, the defendant received money and valuables from a lawyer, and arranged preparation of legal related documents concerning a litigation case.

2. The defendant B shall not, as a certified judicial scrivener, use a person who acts as a broker for a case, nor shall he attract a case by other improper means.

Nevertheless, the Defendant agreed to pay the commission for the case of preparation of civil litigation by A, etc., a credit information company’s employee, in return for the case of preparation of civil litigation documents. On March 13, 2012, the Defendant received the commission for the case of preparation of litigation documents from A, who is engaged in the business of arranging the case and received the commission for the case, and paid the fees to A, in return for the payment of the commission fees, from April 13, 201 to July 17, 2015.

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