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(영문) 창원지방법원 2016.08.24 2016고단626
변호사법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No attorney-at-law shall allow any person, other than an attorney-at-law, who receives or promises to receive money, valuables, entertainment or other benefits to use his/her name for legal services, such as representation for, legal counseling on, preparation of legal documents related to, etc. in connection with unaccompanied cases.

Nevertheless, the Defendant, at around October 2014, at the “A Attorney-at-Law Office” located in Seongbuk-gu, Changwon-si, Sungwon-si, requested the head of the said legal office to provide legal counseling services to D and accepted the case under the name of the Defendant after receiving KRW 440,00,000, and had the head of the said legal office deal with legal affairs, such as preparing and submitting an application for personal rehabilitation in the name of the Defendant and submitting it to the court. From October 10, 2014 to February 1, 2015, the Defendant handled the case, such as a total of KRW 27,64,320,00,000, which is the sum of the fees for personal rehabilitation, bankruptcy, and face-to-face.

As above, the Defendant, who is not an attorney-at-law, received the fees and allowed C to use the name of the private defendant in defense, who is in charge of legal affairs regarding non-contentious cases such as personal rehabilitation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect by the prosecution against C, E, or F;

1. A detailed statement of account transactions;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Subparagraph 2 of Article 109 of the Act, Article 34 (3), and subparagraph 1 of Article 109 of the Act concerning facts constituting an offense, and selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 116 of the Additional Collection Attorney Act include: (a) the Defendant’s primary offender; (b) the Defendant reflects the offense; and (c) the Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the offense; and (d) the circumstances constituting the sentencing conditions indicated in the record of the instant case, such as the following: (a) the Defendant’s age, sex, family relationship, family environment

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