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(영문) 서울중앙지방법원 2017.07.06 2016고단3795
변호사법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the representative attorney-at-law of Law Firm E in Seocho-gu Seoul Metropolitan Government D.

No attorney-at-law shall allow any person other than a lawyer to use his/her own name or the name of his/her affiliated law firm.

From January 17, 2014 to April 1, 2016, the Defendant corrected the part of the crime period without due process of modification of indictment to the extent that the Defendant did not disadvantage the Defendant’s exercise of his/her defense right.

In the office of law firm E, the director of the personal rehabilitation hub office, such as F, G, and H, who is not an attorney-at-law, has the director of the office of law firm handle total of 1,368 cases, including total sum of 2,426,629,133 won, including the case of personal rehabilitation, bankruptcy, and exemption from liability as shown in the list of offenses E in the name of the law firm E, and received the lending fee from F.

As a result, the defendant lent the name of law firm E to F, who is not a lawyer, and let F, etc. deal with the legal affairs related to non-litigation cases such as personal rehabilitation.

Summary of Evidence

1. Statement by the defendant in court;

1. To state the witness F or I's partial statement in the third public trial record;

1. To state some of the witness J or K's statements in the fourth public trial protocol;

1. Each protocol concerning the interrogation of the accused, F, G, H, J, L, K, I, and M by the prosecution;

1. Statement made by the prosecution against the defendant;

1. Each investigation report (the list of evidence Nos. 10, 12, 26, 34, 38, 48, 51-57, 78, 92);

1. Details of wages, detailed statement of contract terms and conditions, data of loan, records of individual rehabilitation cases, detailed statement of acceptance of case, details of loan and records of progress of case, weekly business management reports, contract of delegation of case, confirmation documents, loan transaction agreement, written opinion, written opinion, records of account transaction, records of general/household case records, A/N aggregate amount, response to requests for investigation cooperation, detailed details of the accepted case, written prior consultation, each business log, written items, written items of each business, written items, and written agreement of transaction of each temporary business suspension body;

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

1. The aggravated Criminal Act for concurrent crimes.

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