변호사법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
534,888,00 won shall be additionally collected from the defendant.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (unfair sentencing) on the Defendant (one hundred months of imprisonment and collection) is too unreasonable.
B. In light of the fact-finding 1) that most of the construction ordered by the Defendant was a government-funded construction work ordered by the Korea Agricultural and Fishing Villages Corporation, that the Defendant received compensation from the S Co., Ltd. (hereinafter “S”), and that the Defendant did not receive regular benefits from S, the lower court found the Defendant not guilty of this part of the charges, even if the Defendant was not S’s employee and received money in return for solicitation.
2) The sentence sentenced by the lower court to the Defendant is too unhued and unreasonable.
2. Determination as to the prosecutor's assertion of mistake of facts
A. The gist of this part of the facts charged is that the Defendant, who was in office as the head of the E branch office of the Korea Rural Community Corporation and served as the head of the E branch office on December 31, 2007, and after the retirement of the Korea Rural Community Corporation, worked as the head of the E branch office.
Around the end of February 201, the Defendant proposed to the effect that “Inasmuch as the Defendant was from the place of the branch of the Korea Rural Community Corporation, the Defendant would be entitled to receive the contract for the construction of the Korea Rural Community Corporation,” and that “If the Defendant succeeded to the contract for the construction of the Korea Rural Community Corporation, it would be entitled to receive a certain percentage of the contract for the construction of the Korea Rural Community Corporation.”
The Defendant received KRW 2,00,000 from the No.S. account in the name of the Defendant from around March 6, 2012 to the Agricultural Cooperative (Account Number W) account in the name of the Defendant with respect to the “V” case of the order of the U.S. branch from around June 17, 2014, under the pretext that the Defendant received the contract for the “V” case of the Korea Agricultural and Fishing Villages Corporation’s “V” case from around March 6, 2012 to around June 17, 2014.