2015 Highest 7125 Assistance in Violation of the Attorney-at-Law Act

○○ (51 - 1) - Credit business

Dog-Appellee (prosecutions) and Kim-seop (Trial)

Attorney Cho Jong-sik

December 23, 2015

A defendant shall be punished by imprisonment for not less than eight months.

Facts of crime

The Defendant, on the floor of Seocho-gu Seoul Metropolitan Government ○○○○○○○○ Building, Inc. ○○○○○○

○○○○○○○○○○○○ is a lending company that professionally lends the fee to the mineer who requested the case of individual rehabilitation, etc. upon introduction of so-called ‘individual rehabilitation, bankruptcy, exemption, etc. (hereinafter referred to as ‘individual rehabilitation, etc.”) by lending the name of the law firm, attorney-at-law, and certified judicial scrivener.’

The loan of ○○○○○○○○○, Inc., was operated by the method of transferring the loan to the account in the name of the rehabilitation hub designated by the rehabilitation hub, by receiving the loan-related documents from the clients who want to obtain the loan, and then transferring the loan to the account in the name of the rehabilitation hub designated by the rehabilitation hub. The loan shall be repaid from the clients, and the loan which the clients did not repay to the clients shall be repaid by the clients, and the loan which the clients did not pay to the clients shall be jointly and severally and severally guaranteed by the rehabilitation hub.

From November 1, 2013 to August 22, 2014, the Defendant was aware that “○○○○○○”, a person who is not an attorney-at-law, is a salter who is not an attorney-at-law, in the foregoing ○○○○ Loan Office, and knowingly aware that he/she is an attorney-at-law.”

In order to assist in dealing with legal affairs, such as personal rehabilitation, such as lending the name, 82 clients of salt ○○ who requested the agency of the case, such as personal rehabilitation, extended a total of KRW 183,850,000, in aggregate as a fee for the case of personal rehabilitation, etc., and around that time, from September 7, 2015, 38, such as salt ○○, Note -, etc., as shown in the list of crimes in the attached Table, 38, such as salt ○, Note -, etc., to the clients 6,427.

A total amount of KRW 9,953, 120,000 was loaned under the pretext.

As a result, the defendant aided and aided 38 persons who committed a violation of the Attorney-at-Law Act by facilitating the defendant's rehabilitation brokers.

1. Defendant's legal statement;

1. 1. depth - - Prosecution suspect examination protocol - Each prosecutor's office examination protocol on B

1. from one to half 1.- - Parts - -, J - - - this -, Kim - this - this - Kim - this - Kim - Kim - Kim - Kim - Kim - Kim - Kim -, Kim - Kim - this - this - - letter - Kim - Kim -

- - Of course, paragraphs (1) through (3) of this Article:

-- this- - Other, fluenc, salted ○, 0- White- - Other - - Other - Other, Kim - Other - Other - Other - Other -- Other - any one from one to one, and the other - the other - the other - the other - the other -

Park, Kim - - this -, Kim - - the size, the depth, the depth, the lecture, the Kim - - the schedule - the electric power plant, the street, the street, the course from one to one, the milk, and the gambling;

- - Copies, - - Copies of each prosecutor's examination protocol against B

1. this - - The number of pages, the number of pages, the depth, the - - the red - the red - - the - the boxes - each prosecutor's statement of the prosecution against Gu.

1. A written agreement on the suspension of business, an investigation report [a copy of the business proposal for loans to ○○○○○○], and an investigation

Report [(State) ○○○○○ Loan - - a copy of the work log - a copy of the report ] - An investigation report -

(State) ○○○○○○ loan extended as a rehabilitation hub, classification of attorneys-at-law loans), investigation report [including (State) ○○○○)

○○ Loan Business Section - A copy of the work log - 'Preparation', prior consultation, and a copy of the work log, respectively.

Part 1. A report on investigation (ju) (AOOO loans provided by OOOO loans, and the number of rehabilitation hybrids provided by OOO loans

(A) Report on private circumstances, investigation report [a state ○○ ○○ loan received fees in the name of the client from the client],

[Attachment of Written Indictment for Rehabilitation Corer]

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 109 subparagraph 1 of the Attorney-at-Law Act, Article 32 (1) of the Criminal Act, choice of imprisonment

1. Statutory mitigation;

Articles 32(2) and 55(1)3 (Accessories) of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Reasons for sentencing

The crime of this case is because the defendant operated the lending company, entered into a business agreement with the rehabilitation hub, and loaned the fees to the clients, thereby promoting the act of violating the Attorney-at-Law Act to be conducted on a large scale, and it is not good to form a crime. In addition, there is a lot of frequency and amount of punishment, so severe punishment is needed.

However, in light of the fact that the defendant recognized the crime in this case, there is no criminal records of the same kind and suspension of execution, and other factors such as the defendant's age, character and conduct, environment, motive and circumstance leading to the crime in this case, circumstances after the crime, etc., the punishment as the order shall be determined.

Judges Lee Jae-in

Attached List of Crimes Omission