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(영문) 대전지방법원 천안지원 2018.01.25 2017고단539
변호사법위반
Text

A defendant shall be punished by imprisonment for one year.

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

No attorney-at-law shall allow any person who intends to handle legal affairs without qualification as an attorney-at-law to use his/her name.

Nevertheless, on April 201, the Defendant: (a) had C, other than an attorney-at-law, at the attorney-at-law A law office located in Nam-gu, Nam-gu, Nam-gu, Dong-gu; (b) had C, using the name of the Defendant, take charge of personal rehabilitation legal affairs by obtaining a fee of KRW 1,00,000 from the client of the case of personal rehabilitation; and (c) from October 21, 2016, the Defendant had C handle the case of personal rehabilitation and personal bankruptcy equivalent to KRW 5,60,000 in total for 442 times using the Defendant’s name; and (d) received from the above C the amount of KRW 238,680,000 (60% of the total amount of his own revenue) in return for a loan under the name of the Defendant.

Summary of Evidence

1. Partial statement of the witness C;

1. Entry of each part of the protocol concerning the examination of the suspect in the prosecution against the defendant or C;

1. A credit supplemental contract and a standard contract for loan transactions;

1. Investigation report (Attachment, etc. of the Agreement with E, etc. in 2016), agreement on a member shop of installment financing, and agreement on a transaction of a suspended body;

1. Investigation report (the details of transactions that a person under investigation has received from E);

1. Investigative report (the application of Acts and subordinate statutes on final loans related to A attorney-at-law offices);

1. Article 109 of the Act and Articles 109 subparagraph 2 and 34 (3) of the Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Judgment on the assertion of the accused and the defense counsel in the latter part of Article 116 of the Act (the basis for calculation of additional collection charges: (the case accepted by the C in whole cases 442 cases x stamp, delivery fees, and expenses for issuing certificates of debts 90,000 won per case deducting incidental expenses such as stamp, delivery fees, and expenses for issuing certificates of debts x 60%);

1. The summary of the argument C is only F with the staff of the legal office operated by the defendant (the office) and there is no fact that the defendant lent his name to C.

2. Determination:

(a)the name of the legal office staff established by the attorney-at-law in his name;

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