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(영문) 서울중앙지방법원 2015.02.05 2014고합1475

변호사법위반

Text

A defendant shall be punished by imprisonment for one year.

75 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Around March 26, 2013, the Defendant received 5 million won under the pretext of a settlement with the petitioner, as described in the attached Table Nos. 1, from D, upon receipt of a request from D to make the petitioner and settlement of the case related to the illegal futures trading site in which the Defendant jointly operated with E, and received 5 million won under the pretext of a settlement with the petitioner.

In addition, as the above E was under investigation at the Geumcheon Police Station on the charge of operating the illegal futures trading site, the Defendant received KRW 20 million from D in total five times from June 2013 to December 7, 2013 as shown in [Attachment 2] No. 6 of the List of Crimes, including obtaining KRW 70,000,000,000 from D, for the purpose of supporting the investigation paralysis and the police officer’s revolving expenses, within the Defendant’s vehicle parked at the Geumcheon Police Station parking lot around October 7, 2013.

As a result, the Defendant was not an attorney-at-law who received 5 million won or more under the pretext of dealing with legal affairs such as arbitration and reconciliation with respect to a case in which he handled by an investigative agency, and received 70 million won or more under the pretext of soliciting or arranging a case in which a public official handles.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning D (including the E-statement part);

1. E prosecutorial statement (two times);

1. Application of Acts and subordinate statutes governing the copy of accounting books, a copy of daily Cash-out records, and the details of DA text messages;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 (c) of Article 109 of the Attorney-at-Law Act (a provision of money and valuables under the pretext of dealing with legal affairs, choice of imprisonment), and Article 111 (1) of the Attorney-at-Law Act (a provision of money and valuables under the pretext of solicitation, inclusive,

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment prescribed in the violation of the Attorney-at-Law Act due to the receipt of money and valuables which are more severe than punishment);

1. The Attorney-at-Law Act;