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(영문) 창원지방법원 2016.04.12 2016고단254
변호사법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and imprisonment with prison labor for a year.

From the Defendants, KRW 773,012,330, respectively.

Reasons

Criminal facts

No person, other than attorneys-at-law, shall establish and operate a law office employing a lawyer.

Nevertheless, at around October 2011, Defendant A was in charge of the overall operation of the business and the office such as the client counseling, the acceptance of the case, etc., and Defendant B was in charge of the overall affairs of the case, including the review of the case, the preparation of legal documents, etc., and Defendant B was responsible for the opening of business and the office operation funds, such as the employment of office employees and the lease of office, etc. under mutual agreement.

Accordingly, the Defendants, on October 201, employed an attorney-at-law at a Hanman’s place on condition that he would pay 6 million won every month a month, provided that the Defendants: (a) leased 401 of the Gain-si G Building to 10 million won; (b) registered the opening of the said office as an attorney-at-law’s opening of the said office to the Changwon-gu Changwon-gu Association; and (c) from November 1, 201 to December 31, 2015 (only from November 1, 201 to September 30, 2015, Defendant B provided legal services, such as the opening of a legal office under the name of “F Office” and accepting rehabilitation cases, etc.

After all, the Defendants conspired to employ a lawyer who is not an attorney-at-law, and established and operated a law office.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the prosecution against the F;

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

1. Copy of each protocol concerning the examination of suspect of H by the prosecution;

1. Inquiries about details of each transaction;

1. Each investigation report (the result of execution of an account tracking warrant);

1. Details of each account transaction;

1. Details of the use of one card;

1. One SK card and its settlement volume;

1. Responses to requests for cooperation with each investigation;

1. Investigation report (report attached to a statement of income amount, November 1, 201 and December 2015).

1. Investigation report (report attached to the place of sale, 2011 and 2015).

1. A report on investigation (report on confirmation of the amount of commission fees);

1. Contract;

1. The investigation report (F.

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