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(영문) 대전지방법원 2013.05.23 2013노607

변호사법위반

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

The court below convicted the defendant of this part of the facts charged even though the defendant refused the request of I et al. from the beginning and received 10 million won as a think of returning money in the future, and did not receive 10 million won from H et al. to gain his own profit, the court below erred by misunderstanding the facts, which affected the conclusion of the judgment.

The sentencing of the lower court on unreasonable sentencing (one year of imprisonment, additional collection of ten million won) is too unreasonable.

The above sentence of the court below by the prosecutor is too unhued and unreasonable.

Judgment

The lower court found the Defendant’s assertion of mistake of facts as follows based on the evidence duly adopted and investigated by the lower court: (i) the Defendant received KRW 10 million from the police officer upon the request of the police officer to refrain from controlling the game room; (ii) the police officer at that time was not specified; (iii) the Defendant deposited KRW 9.5 million out of his account; (iv) on May 7, 2012, a two-month period after the Defendant returned KRW 1.5 million to each I on June 12, 2012, and the remaining KRW 3.5 million was used individually by the Defendant; (iv) the Defendant received money from the police officer upon the request of the police officer to refrain from controlling the game room; and (v) the Defendant did not receive money from the police officer upon his request from the police officer to control the illegal game; and (v) the Defendant did not receive money from the police officer upon his request from the police officer to control the illegal game.

Therefore, the defendant's above assertion is without merit.