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(영문) 수원지방법원 평택지원 2018.07.12 2018고단485

변호사법위반

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

No person shall receive or promise to receive money, valuables, entertainment or other benefits under the pretext of solicitation or arrangement for cases or affairs handled by a public official.

The Defendant proposed that “D products may be supplied as government-funded materials purchase contracts ordered by the Gangwon-do Office of Education F at the Gangwon-do Office of Education,” and that “the percentage of supply of D products may be paid as fees to the government-funded construction ordered by the Gangwon-do Office of Education at the government-funded District Office of Education and the government-funded construction ordered by the schools,” allowing D to supply D products with business authority from February 27, 2015 to February 21, 2018, and received KRW 13,186,815, KRW 42 in total from February 27, 2015 to February 21, 2018.”

As a result, the defendant received money and valuables under the pretext of solicitation or mediation for the affairs acquired by a public official.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol concerning the examination of the accused;

1. Statement made by the prosecution against E;

1. A copy of the statement made by the prosecution with regard to I;

1. Each investigation report, each transfer contract, business registration certificate, copy of passbook, substitute slip, electronic tax invoice, deposit account statement, each item, written notice of commission, and notice of request for installment delivery, the assertion and judgment of the accused and the defense counsel;

1. The defendant has operated the gist of the argument;

Pursuant to the “A transfer contract” entered into between C (hereinafter “Defendant Company”) and D, the Defendant is engaged in business activities to receive business fees, and there is no money or valuables, in favor of or on behalf of another person’s business affairs handled by the public official.

2. Determination.