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A defendant shall be punished by imprisonment for not less than one year and six 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, from April 2010 to February 2013, works as a secretary at the E-office located in the sixth floor of the Seocho-gu Seoul Metropolitan Government D Building and handles legal affairs, such as personal rehabilitation, etc.
No person, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, and deal with legal affairs comprehensively delegated, such as legal counseling services or preparation of legal documents, with respect to non-contentious cases.
On April 5, 2010, the Defendant accepted the case of personal rehabilitation by receiving one million won from the client F from the client F at the above E-legal office, and then prepared a personal rehabilitation application, list of creditors, list of property, list of revenue and expenditure, statement, repayment plan, etc., and submitted it to the court in the name of G attorney, etc. In addition, until February 19, 2013, the Defendant handled legal affairs, such as representation for, legal counseling, preparation of legal documents related to, and other relevant matters. From that time, until February 19, 2013, the Defendant received 73 personal rehabilitation cases, bankruptcy, and liability, etc., including 102,60,000 won in total as fee.
Accordingly, the defendant, not a lawyer, received money and valuables, and dealt with the legal affairs related to non-contentious cases such as personal rehabilitation, bankruptcy, and face-to-face liability.
Summary of Evidence
1. Statement by the defendant in court;
1. A copy of the second prosecutor's statement concerning H;
1. Application of the Acts and subordinate statutes of a credit supplemental contract, status of acceptance of cases of personal rehabilitation, and standard loan transaction contract;
1. Relevant Article of the Act and subparagraph 1 of Article 109 (Selection of Imprisonment with prison labor) of the Judicial Protection Act applicable to the facts constituting an offense;
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. The latter part of Article 116 of the Additional Collection Act (the defendant made a statement that the service charge, stamp, and expenses for issuing debts are at least 3,50,000 won per case. Accordingly, the defendant made a statement that 7,7050,000 won [=12.6 million won per case - 35,000 won).