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(영문) 대구지방법원 2014.02.06 2013고단1471

변호사법위반등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 2009, the Defendant stated that the U.S. General Construction Office of the U.S. Corporation (U.S. 401-6) was the victim C at the time when the victim C received an order to pay the construction cost of KRW 1.83 billion against D, and there was no way to promptly receive the money.

피고인은 위 피해자에게 “D이 어떤 놈인데, 그 돈을 받으려면 시시하게 경찰에 맡겨서는 안 된다. 내가 경매 전문가이고 국정원과 검찰 특수부에 아는 사람이 있으니 검찰특수부에 사건을 배당을 시켜 주겠다. D을 묶어 넣어야 늦어도 6개월 안에 쇼부(해결)가 나는데, D은 지급명령을 받았음에도 발뺌을 하고 있으니까 바로 구속을 시킬 수 있지만 비용이 좀 든다.”고 말하며 교제비 명목으로 1천만 원을 요구하였다.

However, even if the defendant receives money from the above victim as a teaching expense, he/she did not have any intent or ability to make the above case investigated by the special department of the prosecutor's office or detained him/her to receive money from the victim.

Nevertheless, on June 23, 2009, the Defendant, by deceiving the victim as above, received 10,000,000 won from the victim's wife E-T Bank from the victim, and received money and valuables under the pretext of soliciting the case handled by the public officials.

Summary of Evidence

1. C’s legal statement;

1. A complaint;

1. A certified copy of a document;

1. Copies of the written complaint (suspectD);

1. Copy of a statement of passbook transaction;

1. AF certified copy of the Daegu Scenic Site Office;

1. Application of Acts and subordinate statutes of recording (C, G);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense, Article 111 (1) of the Attorney-at-Law Act (a violation of the Attorney-at-Law Act);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Judgment on the assertion by the defendant and his defense counsel under the latter part of Article 116 of the Attorney-at-Law Act