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(영문) 대전지방법원 2020.06.11 2020고정272
변호사법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person, other than an attorney-at-law, shall accept or promise to receive money, valuables, entertainment or other benefits or provide or promise to provide such things to a third party, in compensation for providing an appraisal, representation, arbitration, settlement, solicitation, legal consultation, preparation of legal documents, or other legal services with respect to an investigation case being handled by an investigative agency.

The Defendant had operated the main points with the trade name of “C” in Seo-gu, Seo-gu, Daejeon. D, as a customer of the said main point, was aware of the Defendant, and D was under investigation at the Busan Police Station, Daejeon on February 28, 2019, under the suspicion of violation of the Punishment of Violences, etc. Act (joint property damage) by destroying the main points within the main points near the said “C”.

Nevertheless, around March 11, 2019, the Defendant was transferred KRW 6 million from D to D’s post office account (Account Number E) in the name of the Defendant on March 11, 2019, on the following grounds: “Around March 11, 2019, the Defendant consented to D’s request that “I would have been able to agree on the above property damage case because I would have operated a drinking house for a long time and there are many persons who want to know on this side.”

Accordingly, even though the defendant is not an attorney-at-law, he received money and handled legal affairs with respect to the case being handled by investigative agencies.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Details of financial transactions;

1. A letter of complaint and a letter of withdrawal;

1. Although Article 116 of the Attorney-at-Law Act is stated in the applicable provisions of the Acts and subordinate statutes of this case, the investigation report (Submission of cell phone text of the suspect) and the investigation report (the indictment of the relevant case) are stated in the indictment of this case, a fine of two million won in the summary order against the accused.

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