2015 Highest 2917 Violation of the Attorney-at-Law Act

A person shall be appointed.

Kim Z-I ( Indictment, Public Trial)

Law Firm Low Sats Law Firm leap Meteorological

October 28, 2015

A defendant shall be punished by imprisonment for not more than four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

8.5 million won shall be additionally collected from the defendant.

Criminal facts

The defendant is the person who gives an auction consulting in the trade name of Seo-gu, Seo-gu* in Seo-gu* in ** in A.

No person, other than an attorney-at-law, certified judicial scrivener or licensed real estate agent registered with the court as a representative for a request for purchase, shall be allowed to act as an agent for the court auction, and no person, other than an attorney-at-law, shall act as an agent for legal affairs

1. Crimes on December 2, 2013

Although the defendant is not a licensed real estate agent registered with the Daejeon District Court as an attorney, a certified judicial scrivener, or a representative for a request for purchase, the defendant promised on December 12, 2013 to receive fees of KRW 4,50,00,00 from the Seocho-gu Daejeon District Court * Daejeon District Court 2009 Ma, the client M, the client of the auction * * * * 4,50,000 won on the condition of receiving a successful bid.

On December 2, 2013, the Defendant: (a) prepared a bid list, which is an auction-related legal document, on behalf of M, and submitted it to the said court; (b) received a successful bid from M; (c) received KRW 1.2 million as a fee on the same day; and (d) remitted KRW 3.3 million to the national bank account in the name of the Defendant around the sixth day of the same month to the national bank account in the name of the Defendant.

As a result, although the defendant is not an attorney-at-law, certified judicial scrivener, or agent for a request for purchase, the defendant was paid 4.5 million won as an agent for the auction of legal affairs on behalf of M and received 4.5 million won as fees.

2. Crimes on February 7, 2014

Despite the fact that the defendant is not a certified broker registered with the Daejeon District Court's branch branch as an attorney-at-law, certified judicial scrivener, or an applicant for purchase, on February 3, 2014, the defendant promised to receive 4.5 million won of the commission already received from the bidder M, instead of returning 4.5 million won of the commission already received from the bidder M as a result of the owner's objection.

On February 7, 2014, the Defendant was exempted from the obligation to return KRW 4 million out of KRW 4,50,000,000,000,000,000,000, in the Daejeon District Court (Seoul Special Metropolitan City) of the Daejeon Special Metropolitan City (Seoul Special Metropolitan City) on behalf of M, by preparing and submitting a bid list which is an auction-related legal document on behalf of M to the said court.

Accordingly, even though the defendant was not a licensed real estate agent registered in the Daejeon District Court branch as a lawyer, certified judicial scrivener, or agent for a request for purchase, the defendant was entitled to act on behalf of M as an auction bidding for legal affairs and to be exempted from the obligation to return KRW 4 million under the pretext of fees. 1)

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of M;

1. Details of money transactions;

1. Details of passbook transactions; and

1. A copy, etc. of the fixed tender list;

Application of Statutes

1. Relevant Articles of criminal facts;

Article 109 (1) of the Attorney-at-Law Act, Selection of Imprisonment

1. Aggravation for concurrent crimes;

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

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Additional collection:

Article 116 of the Attorney-at-Law Act

Reasons for sentencing

○ Sentencing Criteria

- Scope of recommendations:

Type 1 basic area in which legal affairs of persons other than attorneys-at-law are handled: February - August;

-Standards for suspension of execution: Major pride (a remarkable attendance) and major misconduct (no reason)

The punishment as ordered shall be determined by comprehensively taking into account all the kinds of sentencing conditions shown in the records, such as the motive for the crime, frequency of the crime, the amount of profit, the amount of previous conviction (one time a fine is imposed on this paper), the defendant's age, character and conduct, environment, etc.

Judges Dominsung

1) It is apparent that the defendant was not actually given KRW 4 million, and there is a concern about substantial disadvantage to the defendant's right of defense.

Since there is no change in the indictment, it is recognized as such without changing the indictment.