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(영문) 서울남부지방법원 2016.11.25 2016고정1718
변호사법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around November 2013, the Defendant: (a) at the office of D (title representative: E) operated by C in the first floor of Gangseo-gu Seoul Metropolitan Government building B; (b) requested F operators G (title representative: H) to provide legal counseling on loan claims that C had not received from C; and (c) tried to resolve related legal issues.

Accordingly, the Defendant received KRW 1 million from C on November 29, 2013, and KRW 200,000 from February 18, 2014, respectively, to the post office account under the name of the Defendant, and issued to H a certificate of content in the name of E requesting the repayment of loans to H, and sent it to H on February 27, 2014 and April 21, 2014, respectively.

As a result, the defendant received money and valuables from non-legal practitioners and dealt with legal counseling, preparation of legal documents and other legal affairs in relation to the loan claim cases of the above C H.

2. At around 18:00 on June 30, 2015, the Defendant stated that “Around 18:00, at a mutually influent restaurant located in the Gangseo-gu Seoul Metropolitan Government Seoldong, the Defendant was pressured to “I have been engaged in legal affairs so far as D has been engaged in legal affairs as D’s agent so far, and the instant resolution was not prompt, thereby requesting D to return KRW 1.2 million at the request of D. B. 1.2 million in the Jeju-do case, the Defendant would have detacheded his hand and proceed in the case from G C’s side.”

Accordingly, after receiving 1.2 million won in cash from G, the Defendant prepared a written objection on September 14, 2015 against the payment order under the H’s name, G, and sent it to G’s e-mail.

As a result, the Defendant received money and valuables from the attorney-at-law and handled legal counseling, preparation of legal documents and other legal affairs in H with respect to the loan debt case of the above H H.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint, a loan certificate, or a copy of a bankbook;

1. Application of Acts and subordinate statutes to each investigation report (including submission of materials by a complainant);

1. Relevant provisions of the law concerning facts constituting an offense and the Attorney-at-Law Act chosen each sentence;

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