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(영문) 대구지방법원 안동지원 2017.06.09 2017고단160

변호사법위반

Text

1. The punishment of the defendant shall be determined by six months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

On December 30, 2010, the Defendant, “D” located in Ansan-si C around 13:00, as the Defendant requested that “D” be employed by E in the Water Resources Corporation.

Recognizing to the purport that “expenses are required to be incurred in seeking employment”, the Defendant was transferred KRW 10 million to the Agricultural Cooperative account in the name of G (Account Number H) in the name of the Defendant’s branch for personnel solicitation, and the Defendant was returned to E on January 5, 201, and “Additional KRW 10 million is required” by phoneing to E on January 5, 201, and received KRW 10 million from E for personnel solicitation on the same day.

As a result, the defendant received a total of KRW 20 million under the pretext of solicitation or good offices for cases or affairs handled by a person who is deemed a public official or a public official.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the Grade F by each prosecution officer;

1. The application of Acts and subordinate statutes to each investigation report and accompanying materials;

1. Relevant provisions of the Act concerning facts constituting an offense and Article 111 (1) and (2) of the Act (selected of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under Article 116 of the Act by an attorney at an additional collection;

1. Recommendations based on the sentencing criteria;

(a) Determination of types: Violation of law by attorneys-at-law, acceptance of money and valuables on the pretext of solicitation or intermediation, and type 1 (less than 30 million won);

(b) Special sentencing factors: Return of money, valuables, and other benefits.

(c) Determination of the recommended territory: Reduction territory;

(d) Scope of recommending punishment: Imprisonment with labor for one month to six months.

2. In this case, the nature of a crime is not easy in light of its circumstances, methods, degree of undermining social confidence in the recruitment process of employees of public enterprises, etc.

Although the defendant had been subject to criminal punishment several times including the same criminal history, the fact that the defendant committed the crime of this case is disadvantageous to the defendant.

The Defendant confessions all of the crimes of this case and reflects them.

As of this case.