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(영문) 대전지방법원 2018.09.05 2017고단4229
변호사법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates the Seo-gu Seoul Building and D Co., Ltd.

No one, other than an attorney-at-law, shall handle or promise to receive money, valuables, entertainment or other benefits, as an agent for a non-contentious case.

1. On February 29, 2016, the Defendant violated the law by proxy with F entered into a consulting agreement with F to the auction case of G real estate in the office of the above E-stock company, and then, the Defendant was issued 25 million won as an agent for auction bidding by determining the bid price of the said real estate and submitting it to the auction court and having F win the said real estate.

As a result, the defendant was not a lawyer, and the defendant dealt with the representative affairs concerning non-litigations.

2. On November 15, 2016, the Defendant violated the law by proxy with I signed a consulting contract with I on the auction case of J real estate in the above E Co., Ltd. (S. District Court Daejeon District Court K) at the office of the said E Co., Ltd. on November 15, 2016, and it received 21 million won as an agent for auction bidding by having I set the bid price for the said real estate and prepare the bid price and submit it to the auction court and have I receive the bid price for the said real estate.

As a result, the defendant was not a lawyer, and the defendant dealt with the representative affairs concerning non-litigations.

Summary of Evidence

1. Each legal statement of witness F, I, L;

1. Each complaint;

1. Consulting contract;

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

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, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An attorney-at-law for additional collection;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Application for compensation;

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