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(영문) 대전고등법원 2014.04.04 2013노396

변호사법위반

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

provided that this judgment has become final and conclusive.

Reasons

(1) On June 8, 2010, non-guilty in part (1100,000 won) of non-guilty in KRW 3 million on June 16, 2010, non-guilty in KRW 400,000,000,000,000 for a temporary money or goods provider of KRW 1 million on May 27, 2010; KRW 206,000,000 on July 30, 2010; KRW 206,000,000 on September 1, 2010, non-guilty in KRW 206,000 on September 1, 2010; and KRW 106,000,000 on KRW 20,000 on September 26, 201, non-guilty in KRW 106 on September 1, 201.

1. Summary of grounds for appeal;

A. Of the guilty portion of the judgment of the court below, there is no direct evidence that the defendant received money from the defendant (excluding KRW 2 million, 600,000,000,000,0000,0000,0000) other than the amount stated in the [Attachment 2] No. 6 (956,232,00) of the attached Table 2 (4 million won) among the guilty portion of the judgment of the court below, each of the statements made by C, D, G, and E is not reliable, and the content of the pocket book cannot be ruled out to be a professional statement, but the court below found the defendant guilty of the above facts charged on the grounds of each of the above evidences.

Of the amounts listed in [Attachment 2] No. 2, the Defendant acknowledges the fact that the amount is given or received as shown in the facts charged. ② The Defendant asserts that there is no fact that the amount listed in [Attachment 1], 3, 5, and 7 is given or received, and ③ there is no fact that money or valuables are given or received in relation to the remaining facts charged (Attached 6, 8, and 14), but there is a difference in the name.

Dob. The lower court’s decision on the grounds of unfair sentencing.