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(영문) 수원지방법원 안양지원 2018.03.23 2017고단156
변호사법위반
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

No attorney-at-law shall allow any person other than an attorney-at-law to use his/her name or title.

Nevertheless, at around December 2010, the Defendant, an attorney-at-law, issued 13 million won for personal rehabilitation, bankruptcy, and face-to-face case in Seocho-gu, Seoul, by using his name as an attorney-at-law and having E receive 1.3 million won for personal rehabilitation from the client of personal rehabilitation case in the name of the attorney-at-law, and handle the personal rehabilitation, bankruptcy, and face-to-face case from June 2012 to June 70, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Copy of each prosecutor's statement made to G and H by the prosecution;

1. Application of Acts and subordinate statutes of one copy of a credit supplement contract, business registration certificate, copy of the head of a Tong, acceptance status of personal rehabilitation cases, standard loan transaction contract, and E account details;

1. Article 109 of the Act applicable to the facts constituting an offense and Articles 109 subparagraph 2 and 34 (3) of the Act (Optional to a punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The late text of Article 116 of the Act;

1. Although the sentencing of Article 334(1) of the Criminal Procedure Act does not correspond to the nature of a crime in light of the content and frequency of the crime, the circumstances before and after the crime, etc., the Defendant’s mistake is recognized, and various sentencing conditions, such as the primary offender, the Defendant’s age and occupation, should be taken into account.

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