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(영문) 부산지방법원 2013.04.12 2012고단8758

변호사법위반

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

81 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant operates D Oriental Medicine located in Busan Jung-gu, and the victim E operates the street store in front of the commercial building located in Busan Jung-gu, and the defendant knew from around 2009 to the same church member.

Although the victim has set up a store for 60 years in the above place, it became difficult to conduct the business on the street any longer due to reconstruction of the building.

At around 8:00 on February 22, 2011, the Defendant received KRW 81 million in total on 29 occasions under the pretext of soliciting public officials as shown in the annexed crime list from around that time to January 10, 201, following the Defendant’s house in Jung-gu, Busan Metropolitan City, stating that “I am me to solve work on the street, I am me, I will see. I will know well that the public official of the Gu office is an employee who is well aware of it, and will settle the case by depositing the attorney’s accident.” In addition, the Defendant received KRW 9.5 million from around that time, and received KRW 81 million in total under the pretext of soliciting public officials as shown in the annexed crime list.

Therefore, although the defendant is not an attorney-at-law, he received money and valuables under the pretext of soliciting public officials with respect to civil petitions, control, and legalization related to public officials' occupation.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes governing recording records;

1. Article 109 of the Attorney-at-Law Act applicable to facts constituting an offense, Article 109 of the Act on the Selection of Punishment, and Selection of Imprisonment;

1. It is so decided as per Disposition by the reason of Article 116 or more of the Attorney-at-Law Act;