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(영문) 서울남부지방법원 2017.06.21 2017고단949
변호사법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a certified judicial scrivener E office in Yangcheon-gu Seoul Metropolitan Government from January 2009, who works as an officer in exclusive charge of personal rehabilitation in the “certified judicial scrivener E office” located in 102 of the D Building, and E is a certified judicial scrivener who operates the said certified judicial scrivener office.

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.

Although Defendant and E are not attorneys-at-law, they agreed to handle legal affairs, such as personal rehabilitation and bankruptcy, by receiving money under the pretext of fees from clients in case of individual rehabilitation and bankruptcy and by comprehensively processing a series of affairs, such as preparation and submission of documents, correction of documents, service, etc. on behalf of clients, and that the Defendant and E have divided the profits in proportion to 6 and 4.

Accordingly, around November 20, 2009, the Defendant and E agreed to handle all personal rehabilitation affairs of the client F and F in the “office E-office of a certified judicial scrivener,” and received KRW 1,150,000 as commission fees. After preparing a list of creditors, a list of assets, a list of revenue and expenditure, a statement of revenue and expenditure, a written repayment plan, a written correction plan, etc., and submitting related notice to the court, and conducting legal affairs as a comprehensive agent for the F’s personal rehabilitation by means of receiving directly from the court. From November 20, 2009 to January 20, 2017, the Defendant and E dealt with legal affairs, such as personal rehabilitation, bankruptcy, etc., as shown in the list of crimes, and received KRW 134,40,000 as commission fees from the clients.

Accordingly, the defendant, in collusion with E, did not receive money and valuables, and dealt with legal affairs concerning non-litigations.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The details of the loan of royalties, the details of the loan (in respect of No. 4 No. 24 of investigation records, No. 488 of investigation records), and the case.

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