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(영문) 수원지방법원 안양지원 2017.06.27 2017고단456
변호사법위반
Text

1. Defendant A shall be punished by a fine of KRW 5,000,000.

The above defendant did not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A is a certified judicial scrivener who operates a “certified judicial scrivener A’s office” in the Militaryposi C and 4, and D is a person who has worked as an officer in exclusive charge of personal rehabilitation in the “A’ office of a certified judicial scrivener” above from January 201 to June 2012.

No person, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, and handle legal affairs comprehensively delegated, such as representation for, legal counseling on, preparation of legal documents related to, etc. in connection with non-contentious cases.

Although the Defendant and D are not attorneys-at-law, the Defendant: (a) kept clients through advertisements; and (b) provided legal services, such as personal rehabilitation and bankruptcy, by comprehensively handling a series of affairs on behalf of clients, such as preparation, submission, document correction, service, etc., by receiving fees from clients; and (c) provided that, even though being well aware of the above circumstances, the Defendant agreed that D would be able to perform legal affairs, such as personal rehabilitation and bankruptcy, using the name of the Defendant in the Defendant’s office, and in return, receive KRW 50,000 per month from D.

Accordingly, around January 14, 201, the Defendant and D agreed to handle all personal rehabilitation affairs of the clients E and E in the office of the above certified judicial scrivener around January 14, 201, and received KRW 1,000,000 as commission fees. After preparing the list of creditors, list of assets, list of revenue and expenditure, statement, repayment plan, draft plan, correction plan, etc., and submitting related notice to the court, and conducting legal affairs as a comprehensive agent for the personal rehabilitation of E in the manner of receiving directly from the court, etc., from that time until June 29, 2012, the Defendant and D received KRW 84,580,000 in total as commission fees.

Accordingly, the defendant is not a lawyer in collusion with D, and receives money.

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