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(영문) 인천지방법원 2013.04.12 2012고정4235

변호사법위반

Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 10 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the secretary of the affairs belonging to the law firm F in Seocheon-gu, Seocheon-si E, and the defendant B is the person who operates the H cafeteria from 101 of the Seo-gu, Incheon.

The Defendants, upon the request of the request to introduce and request appropriate auction items from I known to I, intended to award three commercial buildings, such as the Seo-gu Incheon Metropolitan City G Building No. 302, which is being auctioned by the court of the Incheon District Court, to I and to receive the price.

On September 2, 201, 201, the Defendants agreed to receive 15 million won as a honorarium from the Jeju District Public Prosecutor's Office to receive 3 loans in the above auction shop or 15 million won from the above auction shop, and requested KR to prepare relevant documents necessary for participating in the bidding on the same day, thereby requesting KR to prepare a bidding slip on behalf of I and receive SH to the court, which is the wife of I, to receive the above shopping mall.

On September 5, 201, the Defendants demanded I to grant a reward for winning the contract, and transferred KRW 10 million to the new bank account (N) account of Defendant B, Defendant B’s son on September 5, 201, and Defendant A received KRW 1,00,000 in cash from the above I’s main place of the house located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon around December 201.

Accordingly, even if the Defendants are not attorneys-at-law, they are engaged in legal affairs regarding the above auction case and received the price.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of a witness I;

1. The prosecutor's statement to K;

1. Application of Acts and subordinate statutes to each certified copy of a register, a copy of a deposit passbook, a bidding slip, search for auction cases, and a reference for details of transactions;

1. Article 109 subparagraph 1 of the Attorney-at-Law Act and Article 30 of the Criminal Act concerning the defendants' selection of criminal facts and punishment;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. proviso of Article 116 of the Attorney-at-Law Act;

1. Determination of the allegations by the Defendants and defense counsel under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order.