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(영문) 서울서부지방법원 2020.02.06 2019노852

변호사법위반

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Recognizing facts (Attached Table 3, 4, 5, 6-1, 7, 8, 11, 12, and 15) (Attached Table 3, 4, 5, 6-1, 7, 8, 11, 12, and 15), Defendant 1 was aware of the fact that the project district of this case was established for business feasibility, starting from November 28, 2016 when the Gu Office obtained approval of the modification of the implementation plan from the Ministry of Land, Infrastructure and Transport, and prior to that, it is logically impossible to give and receive money as a business operator prior to November 28, 2016.

B) Upon receipt of remittance on August 4, 2016 and August 22, 2016, KRW 10 million,00,000,000,000,000,00 was received upon request from the Mountain Council for the notification of detailed details of the implementation plan modification work for S2 site. C) on August 27, 2016, when transferred on August 27, 2016, G was originally decided to attend the camping conference and became unable to participate therein, and the Defendant paid the said money to the Mountain Council according to the purport of G.

Therefore, the above money is not the amount that the Defendant acquired. D.) The gift certificates of department stores received on September 13, 2016 are only KRW 300,000,000,000 received on September 28, 2016.

F) 2.5 million won received on September 30, 2016, upon the request of E to lend the enrollment fees for children, the Defendant requested G to transfer the enrollment fees to the virtual account by having not paid money. G merely transferred the money to the Defendant’s personal account in the Defendant’s personal name. Accordingly, the said money was not the profit of the Defendant.) No one million won received on March 6, 2017, which was demanded from G.

H) If a business entity is selected from G as a business entity of the instant project, only received the instant confirmation document to the effect that it would give KRW 500 million with consulting expenses, and not promised to give and receive KRW 500 million with the pretext of solicitation for the affairs handled by the public officials. 2) The lower court’s sentence of unfair sentencing (one year of imprisonment, two years of suspended execution, confiscation, and collection KRW 198 million) is too unreasonable.