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(영문) 수원지방법원 안양지원 2017.03.31 2017고단121
변호사법위반
Text

A defendant shall be punished by imprisonment for one year.

157 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

No person, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, and shall handle such case on behalf of an attorney-at-law, legal counseling services, preparation of legal documents, etc. with a comprehensive delegation of legal affairs.

Despite the fact that the Defendant is not an attorney-at-law, in collusion with a certified judicial scrivener D, the Defendant was invited to attract clients through the Internet homepage advertisement, etc., and then received money from clients, and performed legal affairs, such as personal rehabilitation and bankruptcy, by comprehensively handling a series of affairs on behalf of clients, such as preparation, submission, document correction, service, etc. of documents. A certified judicial scrivener D, despite being aware of the above circumstances, agreed to receive a certain amount every month from the Defendant in return, by allowing the Defendant to perform legal affairs, such as personal rehabilitation and bankruptcy, using his/her name.

Accordingly, on January 4, 2013, the Defendant conspired with D and agreed to perform all of the personal rehabilitation affairs of G at the “F Certified Judicial Scriveners Office,” located on the third floor of the building of Suwon-si E, Suwon-si, and received KRW 100,000,000 from G as a commission fee, and submitted to the court an application for personal rehabilitation, list of creditors, list of property, list of revenue and expenditure, list of revenue and expenditure, statement, repayment plan, correction plan, etc., and related notification also received directly from the court, and received approximately 255,00,000 won in total from September 1, 2016, as shown in the list of crimes committed in the attached Table, by handling legal affairs, such as personal rehabilitation, bankruptcy, liability, etc., and received approximately 27,510,000 won in total as a commission fee.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspects of H and D by the prosecution;

1. A copy of each prosecutor’s statement made to I and J by the prosecution.

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