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(영문) 서울동부지방법원 2019.03.26 2018고정1241
변호사법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person, other than an attorney-at-law, shall indicate or describe that he/she deals with legal counseling or other legal affairs for the purpose of indicating or indicating an attorney-at-law or law office or obtaining profits therefrom.

Nevertheless, around March 13, 2018, the Defendant, who is not an attorney-at-law, was not an office worker B of a law office, was not registered as an office worker in C, and there was no legal office called “Law Office B”. However, the Defendant, at the office of the Gangnam-gu Seoul, Gangnam-gu and Dong E, issued the name cards stating “B secretariat A of the law office” to E while participating in the compulsory execution of corporeal movables, and indicated that the Defendant participated in the compulsory execution of corporeal movables in the position of the office staff of a law office for the purpose of indicating the legal office and making profits therefrom.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to E by the police;

1. Investigation Report - Confirmation of the registration of the Director General of the C counterpart, investigation report - Telephone investigation of the counter party for reference, investigation report - statement, and statement of transactions of passbook(F) and application of the Act and subordinate statutes attached to investigation report-G statements;

1. Article 112 subparagraph 3 of the Attorney-at-Law Act concerning facts constituting an offense, Article 112 subparagraph 3 of the Act on the Selection of Punishment

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant did not have the purpose of gaining profit, and did not indicate to E that he dealt with legal affairs.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this Court, namely, the Defendant did not work as a clerical staff at the law office at the time of the instant case, and even if not registered as a clerical staff C, the Defendant’s name was F.

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