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(영문) 대전지방법원 2016.09.07 2016고단1051
변호사법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three 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 or provide or promise to provide such things to a third party, in return for providing or promising to provide such things to an appraisal, representation, arbitration, settlement, legal consultation, preparation of legal documents, etc. concerning cases, non-contentious cases, family conciliation or adjudication cases, etc., or arrange such acts.

1. On November 2014, the Defendant: (a) at the F Office located in Seo-gu, Seo-gu, Daejeon; and (b) promised to receive 3% of the appraisal price in return for the bid of the factory from the client; (c) deposited 1 million won as the down payment; and (d) on November 10, 2014, at the Daejeon District Court Branch Branch of the Daejeon District Court located in 99, Seonam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, Daejeon District Court: (a) determined the value of the bid after analyzing the rights to the auction case regarding the auction case regarding H factories located in the same G G G G for the said case; and (b) made and submitted a bid slip directly to the said D; and (c) received KRW 61 million from the said D on December 1, 2014, by allowing the said D to obtain the bid for the said factory at KRW 1.24 billion.

Accordingly, the defendant was not an attorney-at-law and treated legal affairs.

2. Around December 10, 2014, the Defendant promised that I will be awarded a successful bid of a factory to I who is the client at the above F Office and receive 3% of the appraisal price in return for the bid. On March 9, 2015, the Defendant decided the bid price after analyzing the right to I for the said I in relation to the auction case at the Lwon District Court, which is located in Pyeongtaek-ro 1036, Pyeongtaek-si, Gyeonggi-do, on March 9, 2015, by inspecting the records, etc. of the auction case for the said I in order to determine the bid price after analyzing the right for the said I, and directly preparing and submitting a bid list, after having the said I obtain the bid for the said factory at KRW 1.574,44 million, and received KRW 1 million from the said I as a national bank (K) account under the name of the Defendant on October 11, 2014, and deposited it as a fee.

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