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(영문) 수원지방법원 안양지원 2017.04.13 2017고단67
변호사법위반
Text

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

87,450,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

No one, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, and shall handle legal affairs, such as representation for, legal counseling on, preparation of legal documents related to, etc. in connection with non-contentious cases.

Around July 201, the Defendant received KRW 1,00,000 from the client C in Seocho-gu, Seoul, and accepted the personal rehabilitation case from the client D, and then dealt with legal affairs concerning non-contentious cases by preparing an individual rehabilitation application, list of creditors, list of property, list of revenue and expenditure, statement, and repayment plan, etc., and submitting them to the court under the name of the attorney belonging to the said law firm C, from that time until January 2013, the Defendant handled 64 personal rehabilitation, bankruptcy, and book-keeping cases, including the first period of the attached Table 1, and received a total of KRW 85,00,000 from June 201 to January 2015, 200, the Defendant handled the case from 37 personal rehabilitation, including the attached Table 2, the list of revenue and expenditure, and the repayment plan, etc. to 60,000 won in Seoul, 200,000 won in total, and 60,000 won in Seoul.

Accordingly, the defendant, not a lawyer, received money and other valuables, and dealt with the legal affairs on the case of non-litigation such as personal rehabilitation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Some statements made concerning F in the protocol concerning the examination of suspects by the prosecution;

1. An agreement on transactions with a temporary business entity and the standard agreement on loan transactions;

1. Application of Acts and subordinate statutes on investigation reporting;

1. An attorney-at-law on criminal facts under Article 109 subparagraph 1 of the Act and selection of punishment for 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. The reasons for sentencing in Article 116 of the Act by an attorney at an additional collection.

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