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(영문) 서울중앙지방법원 2018.07.24 2017고단5765 (1)
변호사법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

Defendant

B, C, D, E, F, G, and H are not attorneys-at-law, they are willing to accept and deal with individual rehabilitation and bankruptcy cases in the name of the I attorney-at-law in the name of the I attorney-at-law to enter into a contract by consulting with clients who have caused telephone to many and unspecified persons, including J and K, and to prepare various documents such as an application for individual rehabilitation, and submit them to the court, and perform the order of correction of the court. The I attorney-at-law who lent the name is willing to pay 10,000 won per case.

Accordingly, on May 11, 2012, Defendant B, C, D, E, F, G, H, H and K accepted the case of personal rehabilitation from the client N in the 5th floor of the Seocho-gu Seoul Metropolitan L Building by accepting one million won a fee from the client N in the case of personal rehabilitation, including preparing a personal rehabilitation application, list of creditors, list of property, list of revenue and expenditure, statement of revenue and expenditure, repayment plan, etc., and submitting it to the court under the name of the said legal representative of the said law firm to March 29, 2013, as shown in attached Table 1, the case of personal rehabilitation, bankruptcy, liability, etc. in the name of the said legal representative from that time until March 29, 2013.

As a result, Defendant B, C, D, E, F, G, and H were in collusion with J, K, etc. to deal with the legal affairs related to non-contentious cases such as personal rehabilitation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of B, C, D, E, F, G, and H in the first trial record;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by each prosecutor with regard to theO or K;

1.Each.

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