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(영문) 인천지방법원 2015.10.15 2015고단4755
변호사법위반
Text

Defendant

A Imprisonment for two years, Defendant B shall be punished by a fine of 12,00,000 won, and Defendant C shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. No person, other than a defendant A-at-law, shall handle legal affairs, such as representation, legal counseling or preparation of legal documents concerning non-contentious cases, in return for receiving or promising to receive money, valuables, entertainment or other benefits;

Nevertheless, on December 6, 2013, the Defendant received KRW 1,500,00 from H as a commission fee in the office of the Personal Rehabilitation Team in Seocho-gu Seoul Metropolitan Government on December 403, 2013, and then prepared documents for the application of H’s personal rehabilitation and submitted them to the Seoul Central District Court in Seocho-gu Seoul Central District Court located in 157, Seocho-gu, Seoul Central District Court. From January 3, 2013 to June 30, 2015, the Defendant received total of KRW 1,373,916,443 as a commission fee and handled the case, such as personal rehabilitation, bankruptcy, and exemption.

Accordingly, the defendant, not an attorney-at-law, handled legal affairs concerning non-contentious cases such as individual rehabilitation, bankruptcy and immunity.

2. It shall not allow or promise to receive money, valuables, entertainment or other benefits by lending the name of an attorney-at-law or a law firm, which is not a defendant C-at-law, to provide legal services, such as representation for, legal counseling or preparation of legal documents with respect to non-contentious cases;

Nevertheless, from December 6, 2013 to June 30, 2015, the Defendant used the said F building 403 from December 6, 2013 to June 30, 2015, and had the said A, other than an attorney-at-law, handle individual rehabilitation, bankruptcy, bankruptcy, and immunity of KRW 727,220,43 in addition to the list of offenses Nos. 389 to 901 by using the name of law firm G (Attorney in charge) to which the Defendant belongs, and received from A a total of KRW 51,20,000 (513 items - free acceptance x 100,000 won).

As a result, the defendant lends the name of Law Firm G and Attorney C to A who is not an attorney-at-law.

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