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(영문) 수원지방법원 안양지원 2017.06.02 2016고단2044
변호사법위반
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

130 million won shall be additionally collected from the defendant.

The above additional collection shall be reasonable.

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.

1. Although the Defendant is not a lawyer, the Defendant:

A. On October 10, 209, at the “G law office” located in Seo-gu Daejeon, Daejeon, the clients accepted the case of personal rehabilitation with the commission fee of KRW 700,000,000 from the clients H, and then deal with the legal affairs concerning the non-transmission of the case by means of preparing an individual rehabilitation application, list of creditors, list of assets, list of revenue and expenditure, list of revenue and expenditure, statement, draft repayment plan, etc. and submitting it to the court in the name of attorney G, and thereafter, from that time to May 25, 2012, 372 personal rehabilitation and bankruptcy cases in the name of attorney G including the following 1 through 9, 12 through 374 personal rehabilitation and bankruptcy cases, and receiving or promising to receive a total of KRW 31,691,500,000 from the clients as the commission fees.

B. From November 7, 2013 to April 27, 2015, an attorney-at-law 168 individual rehabilitation and individual bankruptcy cases in the name of an attorney-at-law i, as shown in the attached Table 2 Crimes List, and an attorney-at-law 168 individual rehabilitation and individual bankruptcy cases, and an attorney-at-law receives or promises to receive a total amount of KRW 28.75 million from the clients as a commission fee;

C. From April 3, 2015 to June 14, 2016, an attorney J dealt with a total of 195 individual rehabilitation and individual bankruptcy cases in the name of an attorney J, as stated in attached Table 3 Crimes List, and received or promised to receive a total of 25,1160,000 won from the clients as a commission fee.

As a result, the defendant, who is not an attorney-at-law, promised to receive money or valuables, dealt with the legal affairs on the case of non-litigation such as personal rehabilitation.

2. Even if the Defendant is not a lawyer, the case of applying for individual rehabilitation or for bankruptcy or exemption from liability in collusion with K of Certified Judicial Scrivenerss in collusion with the clients.

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