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(영문) 인천지방법원 2016.03.28 2015고단5984
변호사법위반
Text

Defendant

A Imprisonment for two years, and Defendant B shall be punished by a fine of twenty thousand won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A

(a) No person, other than an attorney-at-law, who opens and operates a law office, shall establish and operate a law office employing an attorney-at-law;

Nevertheless, the Defendant had been willing to establish and operate a law office by employing attorneys B on the condition that a certain amount of monthly remuneration is paid.

On August 18, 2014, the Defendant leased the office No. 201 of the Seoul Nam-gu Incheon Metropolitan Government F Building No. 201 from G as a key to the office, and performed the office interior construction. On August 18, 2014, the Defendant hired the attorney-at-law B and registered the practice of the attorney-at-law to the Incheon Regional Bar Association as the name of the “H law Office”. From that time to September 11, 2015, the Defendant established and operated the law office under the name of the “H law Office” by employing the attorney-at-law from September 2015.

(b) No person, other than an attorney-at-law, who is not an attorney-at-law in charge of legal affairs of a person who is not an attorney-at-law, shall receive or promise to receive any money

On September 19, 2014, the Defendant received commission fees from the client for a personal rehabilitation case, and dealt with the case, such as preparing and submitting various documents, document correction, service, application for prohibition and suspension order, cancellation of provisional attachment, cancellation of bad credit registration, etc., by lending the name of the client for a personal rehabilitation case, and performing substantially on behalf of the client. From September 14, 2015, the Defendant received 760,795,187 won from that time to September 14, 2015, and received 466 personal rehabilitation, bankruptcy, and liability.

As a result, the defendant, not a lawyer, received money from a lawyer B, and handled the legal affairs related to non-contentious cases, such as personal rehabilitation, bankruptcy, and face liability.

2. On August 2014, Defendant B agreed to lend the name of the attorney under the condition that a certain amount of monthly remuneration is paid from a personal rehabilitation hub A, and from September 19, 2014 to September 14, 2015.

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