Defendant

A Imprisonment with prison labor for one year, and for four months, for each of the defendants B.

However, from the date when this judgment has become final and conclusive.

Punishment of the crime

1. Defendant A’s violation of the Attorney-at-Law Act asserts that Defendant A’s acceptance of 10% of the amount of the claim, but agreed to give and receive the remainder other than the expenses as his own interest, and thus, it may include the money and valuables which received and promised to receive, which may have the nature of reimbursement for actual expenses such as stamp, etc.

However, insofar as “money and valuables in the name of compensation for actual expenses” and “the portion of economic benefits exceeding such money and valuables” were not clearly distinguished at the time of promise, it is reasonable to view that the nature of “compensation for legal affairs by non-legal practitioners” and “compensation for actual expenses” were indivisiblely combined with the amount agreed to receive.

Therefore, it should be viewed that the total amount promised to accept is inseparably of the nature of dealing with legal affairs of non-legal practitioners.

(See Supreme Court Decision 2007Do3044 Decided April 10, 2008). On November 201, 2013, the Defendant was asked by the J Office of the Defendant’s management, in relation to the Plaintiff’s International Office, Seo-gu Office, Seo-gu, Gwangju, Seo-gu, Gwangju, about the claim for construction payment and the recovery of investment bonds or investment bonds and N, etc., an investor, in relation to L ownership buildings in Gwangju-gu.

Accordingly, the defendant promised to receive 90,700,000 won in total, 1.834 billion won in total, as shown in the attached list 1 of the crime committed in the attached list of crimes, from the creditors of the contract price in return for the application for payment order or the report of the exercise of the right of retention. The defendant promised to receive 183,40,000 won in total, 1.83,400,000 won in total, as shown in the attached list 2 of the crime list.

Accordingly, the defendant, not an attorney-at-law, promised to receive money and valuables and dealt with legal affairs, including legal counseling on litigation cases or other legal affairs.

2. Defendant B’s damage to property was awarded a subcontract for the construction of the age club of the L-owned building, which was owned by Defendant B, as described in paragraph (1).