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(영문) 울산지방법원 2015.09.25 2015고합79

변호사법위반

Text

A defendant shall be punished by imprisonment for two years.

185,000,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[Criminal Justice] On August 31, 2012, the Defendant was released on March 29, 2013 and the parole period expired on May 3, 2013 while he was sentenced to one year of imprisonment for fraud at the Ulsan District Court.

【Criminal Facts】

Around October 2013, the Defendant: (a) at the site office of “E building” newly constructed in Yangsan-si, the owner of the said building, “G is promoting the installation of H in Yangsan-si; and (b) sought a building suitable for the installation of H as the chairperson of the said H preparation office. However, to obtain the H’s permission, the Defendant said that “The construction of the said building requires consent from both citizens of the I, Yangsan-si, at least a majority of the members of the Gu, at least 49 civil organizations, and at least 49 civil organizations.” After obtaining the consent form from I, etc., the Defendant provided that “The expenses necessary for obtaining the consent form to lease the said building to H”.

In addition, on January 1, 2014, police officers received KRW 15 million in cash from F for expenses incurred in obtaining written consent from I and Yangsan siwon, etc. in containers at the site of the construction of the new construction, from that time until July 1, 2014, totaling KRW 185 million under the same name, as shown in the list of crimes in attached Table, from that time, from that time, until July 1, 2014.

As a result, the defendant received money and valuables under the pretext of solicitation for cases or affairs handled by public officials.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F and J;

1. The K's statement;

1. Each report on investigation;

1. A copy of a passbook, a copy of a check, a written dialogue, a certificate of contents by transaction account, a cash statement corresponding to A, a photograph, each account transaction record, a picture, each account transaction record, a letter note, a penbook, a H establishment procedure, permission, and a copy of the building conditions;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning inquiry reports, written judgments, and current status of personal identification and confinement;

1. Article 111(1) of the Attorney-at-Law Act applicable to the facts constituting an offense and Article 111(1) of the Act on the Selection of Punishment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The Attorney-at-Law Act;