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(영문) 전주지방법원 2017.07.10 2017고단187

변호사법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In the facts charged, the defendant contact D vice president E with the purpose of manufacturing and selling lighting equipment in North Korea-gun C, and requested to exchange the company's products with the company's products through business such as solicitation or mediation to the public officials in charge of local governments or the office of education. In the future, E accepted the request.

“.......”

Although the Defendant made a statement to the same purport by the police, in this court, he reversed the statement that only exchanged with the female employees of the Dispute Settlement Bank D and that there was no agreement to pay fees by having contact with E in advance, and E stated that there was no contact with the Defendant in advance in this court, and otherwise, the Defendant and E did the act as above.

Since there is no evidence to determine the person, the method of crime is reduced and recognized as above.

The Defendant, through a business operation for public officials in charge of the Office of Education at the time of the Sejong Special Self-Governing Province, provided that on December 24, 2014, “LED security lights and steel street lampposts” equivalent to KRW 94,545,90 in total at the above Office of Education may be supplied twice in total. From E, the Defendant was transferred KRW 3 million to the post office account in the name of the Defendant on February 24, 2015.

Accordingly, the defendant received 300,000 won under the pretext of solicitation or good offices for the affairs handled by the public officials in charge of the Office of Education.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of the statutes that contain some statements among the protocol of interrogation of the suspect to the defendant;

1. Relevant legal provisions and Article 111 (1) of the Act concerning facts constituting a crime by an attorney-at-law who has selected a punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The late text of Article 116 of the Act;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

(a) Cases dealt with by a public official; or