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(영문) 인천지방법원 2016.01.13 2015고단6773
변호사법위반
Text

A defendant shall be punished by imprisonment for 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 was a certified judicial scrivener C’s office located in Seocho-gu Seoul, Seocho-gu, Seoul, and C is a certified judicial scrivener who operates the above “Certified Judicial Scriveners C office,” and both the Defendant and C are not attorneys-at-law.

No person, other than an attorney-at-law, shall handle legal affairs, such as representation for, legal counseling on, preparation of legal documents related to, or in promising to receive money, valuables, entertainment or other benefits.

The Defendant and C, while attracting clients through Internet NAV advertising, Blobing, etc., the Defendant, and the Defendant agreed to perform legal affairs, such as personal rehabilitation, bankruptcy, and face-to-face liability, by receiving an amount of money in the name of commission fees from clients and comprehensively handling a series of affairs, such as preparation, submission, document correction, and delivery, on behalf of the clients, and upon being aware of the aforementioned circumstances, C, while having the Defendant be able to perform legal affairs, such as personal rehabilitation, bankruptcy, etc., using the name of C certified judicial scrivener, and in return, to receive monthly lending fees from the Defendant.

Accordingly, on April 29, 2015, the Defendant agreed to perform all of the personal rehabilitation affairs of D and D at C’s office of a certified judicial scrivener C, and received KRW 1,500,000 as commission fees, and thereafter, the Defendant handled the legal affairs as a comprehensive agent for the personal rehabilitation of D by preparing a list of creditors, a list of assets, a list of revenue and expenditure, a statement, a repayment plan, a draft plan, a written correction, etc. from around that time, submitting the relevant notice to the court, and receiving the relevant notice from the court, etc. in the same manner as shown in the list of crimes in the attached Form, and received KRW 130,100,000 in total as commission fees.

Therefore, even though the defendant is not an attorney-at-law, he received money and handled legal affairs.

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