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(영문) 대구지방법원 2020.06.18 2020고단412

변호사법위반

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for two 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.

Nevertheless, on June 2018, the Defendant heard that there was a case under investigation by C in connection with the establishment operation of the Foundation from the Haman B B, the Haman B, and his son E, and that there was a case under investigation by the intelligence team of the Daegu Western Police Station. The Defendant considered, “I would like to end the case and resolve the case so that there is a person who knows with the police and the prosecution because he is friendly with the head of the Cheongdo Police Station, and there is a person who knows with the police station and the prosecution,” while having received money and valuables from D and E under the pretext of soliciting the police officer in charge, etc. in charge.

On July 11, 2018, the Defendant called E at a non-building or lower place, and received cash KRW 8 million and KRW 1 million for four occasions, as indicated in the attached list of crimes, on the following grounds: “The Defendant received cash transfer of KRW 3 million to the F account in the name of the Defendant: “The investigation into Cho Man-tae will be completed and sent to the prosecution.”

As a result, the defendant received money and valuables under the pretext of soliciting the cases handled by public officials.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of a protocol concerning the examination of suspects of G or H;

1. Each police statement made to I, G, and H;

1. Application of Acts and subordinate statutes to a copy of each text message, a text message screen, a statement of the use of cards, details of each account transaction, and the details of each message and SNS dialogue;

1. Article 111 (1) of the Attorney-at-Law Act applicable to facts constituting an offense and Article 111 of the Act on the Selection of Punishment;

1. Article 62 (1) of the Criminal Act;

1. The latter part of Article 116 of the Attorney-at-Law Act;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act is not good, the defendant is against the defendant, and the defendant's age, character and conduct are against the defendant.