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(영문) 부산지방법원 2018.11.07 2018고단3432

변호사법위반

Text

1. The defendant shall be punished by imprisonment for one year;

2. 15.3 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The Defendant is a person who engages in the business of collecting and selling household appliances with the trade name called “C” from the first floor of the building B on the land in Si-si, Siri-si. D is a person who is the former E, and F is a person who engages in the construction material distribution business with the trade name called “I” from the Busan-gu G H on the ground of Busan-gu.

On August 7, 2015, the Defendant received a request from F to the effect that “K” hotel L, located in the Busan-gu Busan-gu J, would be supplied with construction materials to the N Construction Corporation ordered by M (hereinafter “D”).” The Defendant accepted the request from F to the effect that “K will supply construction materials.”

On August 10, 2015, the Defendant conspiredd to pay for the construction materials by requesting the interested parties of M, the Gyeong-nam-do, which may affect the instant construction works, and by requesting the interested parties of M to supply the construction materials.

Accordingly, the Defendant received from F each remittance of F to P deposit account ( Q) in the name of the Defendant’s father-child in the name of P (P) on August 13, 2015, and KRW 30 million on September 10, 2015, respectively, for the purpose of raising funds for solicitation to public officials in charge of M or Gyeongnam-do.

Accordingly, the defendant received money and valuables in collusion with D under the pretext of soliciting or arranging the case or affairs handled by a person who is deemed a public official or a public official.

Summary of Evidence

1. Statement by the defendant in court;

2. Part of the protocol concerning the examination of suspects of prosecution or police with regard to D;

3. Statement made by each prosecutor and police with respect to F;

4. Complaint; and

5. Details of each deposit transaction, specifications of deposit transaction, and passbook (including copies thereof);

6. Each text message image;

7. Contents of conversations recorded in each CD (ROM);

8. Application of Acts and subordinate statutes to reporting investigations by prosecutors and police;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 111(1) and (2) of the Act, Article 83 of the Act of a local public enterprise, and Article 30 of the Criminal Act (generally, choice of imprisonment with prison labor);

2. An attorney-at-law in charge of additional collection [the amount of additional collection] Article 116 of the Act shall have been acquired by himself out of the amount of 60 million won remitted by the defendant F.

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