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(영문) 광주지방법원 순천지원 2016.10.12 2016고단1103

사기등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

40 million won shall be additionally collected from the defendant.

The amount of the additional collection shall be ordered to be paid provisionally.

Reasons

Punishment of the crime

1. No person who violates the Attorney-at-Law Act shall receive or promise to receive money, valuables, entertainment or other benefits under the pretext of solicitation or arrangement with respect to cases or affairs handled by a public official, or shall allow or promise to give them to a third party;

around April 2014, the Defendant heard the phrase “E” office located in Gwangju-gu, Gwangju-gu, that “E was subject to a tax investigation, such as receiving a request for submission of data from a tax secretary,” and that “F would give money to employees of the tax office within one week after using money in another place.” According to the evidence, such as the witness F’s statutory statement, etc. around June 2014, the Defendant’s payment of KRW 10 million to the Defendant can be recognized as having paid the Defendant around June 2014. Thus, the facts charged are corrected ex officio to the extent that it does not affect the Defendant’s defense.

F was paid KRW 10 million in cash in terms of the cost of solicitation for tax investigation.

Accordingly, the defendant received money and valuables under the pretext of soliciting the affairs handled by public officials.

2. According to the evidence, including the witness F’s legal statement on August 2014, the Defendant in violation of the Act and the Attorney-at-Law Act, the following facts can be acknowledged: (a) in a case where F took out a talk about employment from the Defendant, it can be recognized that the F did not pay money; and (b) as such, the facts charged are corrected ex officio.

At the office of "E" located in Nam-gu, Nam-gu, Gwangju Metropolitan City, the victim F made a false statement to the effect that "In the Republic of Korea, the victim F may be employed in the Korean power (victim) type because he knows the Korean power personnel, etc. In order to be employed in the Korean power. In order to be employed in the Korean power, the amount of KRW 30 million should be required, and if employed, the amount of KRW 100 million should be considered in addition to the employment."

However, the defendant is true.

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