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(영문) 인천지방법원 2016.01.28 2015고단6629
변호사법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is a person who is in charge of legal affairs, such as personal rehabilitation and bankruptcy, in the “Law Office,” located in Seocho-gu Seoul Metropolitan Government, and C is an attorney-at-law operating the said C Law Office, who lent the said A’s name.

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, around December 2012, the Defendant: (a) accepted cases, such as personal rehabilitation and bankruptcy, using the said C and C attorney-at-law’s name; and (b) prepared and submitted various documents to the court; and (c) agreed to pay KRW 2 million to the said C as office rent.

On December 3, 2012, the Defendant accepted 1.1 million won from the client’s fees from the above C’s law office, and accepted the case for personal rehabilitation, and dealt with a series of affairs, such as preparation and submission of various documents, amendment of documents, delivery, prohibition and suspension order, application for provisional seizure cancellation, cancellation of provisional seizure, and cancellation of bad credit registration, on behalf of the client. From that time to December 16, 2013, the Defendant handled the case including 90 personal rehabilitation, bankruptcy, and face liability, and received KRW 12,4150,000 as the fees.

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. A protocol concerning suspect interrogation of C by the prosecution;

1. Each report on investigation;

1. A copy of a written agreement of business suspension, and the application of the retained list statutes;

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, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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