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(영문) 청주지방법원 2020.01.09 2019노768

변호사법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (based on factual errors or misapprehension of legal principles) revealed the following circumstances, i.e., ① A and B expected a broad connection of the defendant and delivered KRW 60 million to the defendant. The defendant actively informed B, etc. of the investigation situation. ② The defendant was not immediately issued KRW 60 million to F, but was used in direct custody and management, and was used for entertainment expenses, etc.; ③ the defendant was accompanied with F and G used within KRW 2 million for transportation expenses, etc.; ③ The defendant was found to have acquired approximately KRW 54,60,000,000,000 from the defendant; ④ The defendant was aware of the fact that he was aware of the fact that he would have received or would return money from the defendant if he was merely delivered; ⑤ The defendant was aware of the fact that he did not actively conspired with the defendant's activities to participate in the investigation or to contribute money to G in violation of the Attorney-at-Law Act, and that he did not actively encourage or encourage other acts to participate in the investigation.

2. Determination

A. As to the prosecutor’s assertion of mistake of facts or misapprehension of the legal principles (mainly charged facts), where a public official receives money, valuables, entertainment, or other benefits under the pretext of solicitation or good offices concerning the case or affairs handled by the public official.

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