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(영문) 인천지방법원 2016.01.14 2015고단6770
변호사법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person, other than an attorney-at-law, shall handle legal affairs, such as representation for, legal counseling on, preparation of legal documents related to, or in promising to receive money, valuables, entertainment or other benefits.

Nevertheless, on January 22, 2015, the Defendant received KRW 1,700,00 from D as a commission fee, and then prepared documents for personal rehabilitation applications and submitted them to the Seoul Central District Court located in Seocho-gu Seoul Central District Court located in 157, Seocho-gu Seoul Central District Court, Seocho-gu, Seoul, as well as from January 22, 2015 to August 5, 2015, the Defendant received total of KRW 109,060,00 as a commission fee in the same manner as shown in the list of crimes, and treated the case, including personal rehabilitation, bankruptcy, and face-to-face liability.

Accordingly, the defendant, not a lawyer, received money and valuables, and dealt with the legal affairs related to non-contentious cases such as personal rehabilitation, bankruptcy, and face-to-face liability.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Application of Acts and subordinate statutes, such as details of loans, agreement on transactions of temporary suspension enterprises, letters of goods, business logs, etc. to the C law offices;

1. Article 109 of the Act applicable to the facts constituting an offense and Article 109 of the Judicial Protection Act applicable to the selection of punishment, and the selection of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that there is no past record of the same kind, the situation in which the crime is reflected, and the period, frequency, and scale of the crime);

1. The community service order under Article 62-2 of the Criminal Act;

1. The late text of Article 116 of the Act;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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