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(영문) 인천지방법원 2017.11.24 2016고정3731
변호사법위반등
Text

A fine of KRW 3 million shall be imposed on a defendant for a violation of the law of defense, and a fine for a violation of the Framework Act on Construction Industry.

Reasons

Punishment of the crime

[criminal records] On February 4, 2016, the Defendant was sentenced to a suspended sentence of one year and four months for fraud at the Incheon District Court, and the judgment became final and conclusive on August 26, 2016.

[2] A person, not an attorney-at-law of 2016, who receives or promises to receive money, valuables, entertainment or other benefits, or who provides or promises to provide such things to a third party, shall not handle or arrange legal affairs, such as appraisal, representation for arbitration, request for settlement of arbitration, legal consultation, preparation of legal documents, and other legal affairs regarding cases, etc.

D In relation to the “disposition of Access Price” lawsuit (No. 2015 Khap 11) brought against D Co., Ltd. against E and two other parties (No. 2015 Khap) and the “Disposition of Obstruction of Business,” brought against D Co., Ltd. (No. 2015 Khap 19), the Defendant prepared litigation documents, such as a complaint and reply related to the said lawsuit, and transferred them to E, and provided related legal advice. In return, the Defendant received KRW 1 million from E to the bank account in the name of F designated by the Defendant, as the bank account in the name of the Defendant, and KRW 1 million on June 18, 2015, KRW 30 million on June 26, 2015, KRW 300,0000,000,000 from the Defendant’s G’s G account in the name of the Defendant.

The defendant of "2017 High 2020" is a constructor of a multi-family housing building in the Chungcheongnam-nam Budget Group H.

1. No person who violates the prohibition against lending a construction business registration certificate, etc. shall perform construction works by using the name or trade name of the constructor or lend a construction business registration certificate or construction business registration pocket book;

Nevertheless, around April 4, 2017, the Defendant paid 3 million won in cash to a person who is not the name, in the vicinity of Dong-dong, Bupyeong-gu, Incheon, Incheon, under the name of a construction license rental fee, and made a report of construction commencement by leasing the construction business registration certificate from the company, and made a report of construction commencement by using the company’s trade name.

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