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(영문) 대전지방법원 2015.09.22 2015노2048

변호사법위반등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

175 million won from the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The amount that the Defendant received from F in relation to the construction work described in Article 2014Da587(1) of the lower judgment among the criminal facts of the lower judgment is KRW 48 million.

B) While the Defendant only introduced F to a person related to the business, and did not receive money and valuables from F as a request or intermediary in relation to the construction work as stated in Article 2014Da587(2) of the judgment of the court below among the criminal facts of the court below, unlike the statement in Article 2015Mo58(2) of the judgment of the court below, there is a few times of the victim’s scambling, the Defendant does not have any time when the victim is a scam, beer, beer, and beer.

2) The sentencing of the lower court on the grounds of unreasonable sentencing (two years of imprisonment) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The Defendant and his defense counsel also asserted the same as the grounds for appeal in the lower court, and the lower court, under the title “determination on the Defendant and his defense counsel’s assertion” of the judgment, explained in detail the circumstances acknowledged by the evidence duly adopted and investigated by the lower court, and determined that the Defendant guilty on the instant criminal facts by taking into account such circumstances.

B. Examining the above judgment of the court below after comparing it with records, the judgment of the court below is just and it does not seem that there was an error of misconception of facts in the judgment below.

3. Judgment on the assertion of unfair sentencing

A. The Defendant was paid a large amount of KRW 175 million under the pretext of solicitation or good offices to public officials and officers and employees of the Korea Rural Community Corporation by taking advantage of the business method, which was mobilized by illegal means, in order for the company to receive orders from public institutions by way of a negotiated contract, to receive orders from public institutions.

These crimes are eventually the contract price of the construction work ordered by public institutions.