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(영문) 인천지방법원 2018.07.06 2017노4547
변호사법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant merely borrowed money from E and did not receive money in return for the preparation of litigation documents.

In particular, June 22, 2015, KRW 5 million, the Defendant loaned KRW 5 million to K, and the Defendant asked to transfer KRW 5 million to E due to the lack of money, and the Defendant paid KRW 5 million to E, and thus, the Defendant did not borrow money from E.

B. The sentence sentenced by the lower court (an attorney’s violation of the law: a fine of KRW 3 million, and a violation of the Framework Act on the Construction Industry in its holding: a fine of KRW 5 million) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The Defendant asserted the same purport as the above argument in the lower court, and the lower court rejected the above argument by explaining the grounds for its determination.

B. The lower court’s determination is justifiable in light of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court in light of the circumstances revealed by the lower court.

1) E had a dispute over a reconstruction project with D Co., Ltd. (hereinafter “D”) and Pyeongtaek-si Y. Around December 2014, the Defendant was introduced as a person who was well aware of the said project with respect to the said dispute.

On January 2015, the defendant issued to E a written complaint against J, a representative director of D, to E.

2) D around February 2015, around E, etc. applied for a disposal of the entrance fee (the Suwon District Court Sejong District Court 2015Kahap 11).

The Defendant, from March 2015 to September 2015, prepared and sent E a written reply and a written preparation with respect to the foregoing case.

E around March 2015, around 2015, filed an application with D for disposal of the place of business interference (Ywon District Court 2015Kahap 19).

The Defendant, from March 2015 to September 2015, prepared and sent to E a written application, a written application for change of the purport of the application, a written answer, and a written preparation with respect to the instant case.

3) E at the request of the Defendant, either KRW 1 million with the account in the F’s name on March 27, 2015.

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