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(영문) 부산지방법원 2019.09.30 2019고정995
변호사법위반
Text

Defendant

B The Defendant A shall be punished by a fine of 3,000,000 won, and a fine of 2,00,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

No one, other than an attorney-at-law, shall handle or arrange legal services, such as appraisal, representation, arbitration, reconciliation, solicitation, legal consultation, preparation of legal documents, etc. in connection with a litigation case, in return for receiving or promising to receive money, valuables, entertainment or other benefits.

1. On November 2016, Defendant B contacted C with a place where the place is unknown, and introduced A around that time, following the following: (a) “D knows the fact that he/she filed a lawsuit for the return of purchase-price against E real estate; (b) there is a person who well prepares documents in the court from among those who know that he/she filed a lawsuit for the return of purchase-price; (c) there is no loss until now; and (d) there is no loss against it; (d) if lost, the litigation cost will be refunded in full.”

As a result, the defendant received money from A, who is not an attorney-at-law, and arranged to handle legal counseling, preparation of legal documents and other legal affairs concerning litigation cases.

2. On November 2016, Defendant A met C with the introduction of B in the vicinity of the Busan District Court located in Busan District Court, which was located in Busan District Court, and C prepared all documents related to the lawsuit for the refund of the purchase price filed by D against Defendant F, and notified the Defendant’s account number of the National Bank in the name of G in order to receive the payment.

On November 17, 2016, the Defendant received KRW 700,000 from C to the national bank account in the above G name, and KRW 600,000,000 from November 18, 2016. After receiving delegations from D, the Defendant prepared a request for return of the real estate sales contract and the intermediate payment in relation to the lawsuit for return of the purchase price under the above G name, and submitted it to the Busan District Court on December 20, 2016.

Accordingly, the defendant is not an attorney-at-law, and receives money from C, and prepares legal counseling or legal relations concerning a litigation case.

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