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(영문) 서울서부지방법원 2014.10.15.선고 2014고단2303 판결
변호사법위반
Cases

2014 Highest 2303 Violation of the Attorney-at-Law Act

Defendant

A person shall be appointed.

Prosecutor

Kim Jong-Un ( Indictment, Public Trial)

Defense Counsel

Attorney Kim Dong-young (Korean National Assembly Line)

Imposition of Judgment

October 15, 2014

Text

A defendant shall be punished by imprisonment for one year.

140,000,000 won shall be additionally collected from the defendant.

Reasons

Facts of crime

While the Defendant was operating the Eunpyeong-gu Seoul Metropolitan Government ****** Building* Company B (hereinafter “Defendant Company”) from August 2012 to April 2013, the Defendant entered into a "the right of publicity management agreement with the entertainment planning company, including the management company (representative director Kim00) and the management company of the entertainment planning company, with the content that the agreement is to receive 30% of the agreed amount received, while discovering the case of infringement of the portrait rights of the relevant entertainment planning company from August 2012 to April 2013.

Since then, the Defendant, through the employees of the Defendant Company, collected data on the cases of posting the pictures of the relevant artist without permission by the Defendant Company’s employees. On July 19, 2013, the Defendant: (a) immediately suspended the infringement; (b) sent an official document on July 19, 2013; and (c) demanded consultation on the infringement royalty; and (c) agreed to receive KRW 6 million from C as compensation for damages; and (d) agreed to receive KRW 8, 2013.

16. An agreement is signed and implemented under the title of the Voluntary (Unauthorized) Rental Fees Payment Certificate after receiving KRW 6.6 million in the name of the Defendant Company under the pretext of agreement, as well as a written agreement.

26. From May 26, 2014 to 496, unauthorized users, such as photographs, etc., by means of the same method over a total of 496 times, such as sending documents for criminal agreement, inducing to agree, receiving agreed amounts, preparing written agreements, etc., to obtain arbitration, settlement legal relations, and other legal affairs with respect to the investigation case and other legal cases, and receive transfer of approximately KRW 561,565,000 under the pretext of agreement and obtain approximately KRW 140 million.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement on Man00, Man00, Ma00, Ma00, Ma00, Ma00, Ma00, Man00, Man00, Man00, Man00, Man00, Man00, Man00,

1. Written Statements of 00, Gu00, New00, and Kim00

1. Each investigation report;

1. Content certification, each power of attorney, each reply, each written reply regarding the right of publicity, each content certification, etc., a written confirmation of payment of unauthorized user fees, a written notice of collection of claims, each account transaction, a transaction protocol, a commissioner of each transaction, etc., and deposit details;

1. A written accusation;

Application of Statutes

1. Relevant legal provisions concerning criminal facts;

Subparagraph 1 of Article 109 of the Attorney-at-Law Act

1. Aggravation for concurrent crimes;

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

1. Collection;

Article 116 of the Attorney-at-Law Act provides that a sentence of punishment is inevitable in light of the fact that the crime of this case is not deemed to be the crime of this case, the amount of damage is the maximum amount, and the defendant repeatedly committed an act of violation of the Attorney-at-Law Act against many people: Provided, That a sentence of punishment shall be determined as ordered in consideration of all the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the confession of the defendant to this case,

Judges

Judges Lee Young-young

The list of crimes is omitted.

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