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(영문) 서울고등법원 2016.11.30 2016나2007959

약정금

Text

1. The part of the court of first instance against Defendant C, which orders payment below, shall be revoked.

Defendant C.

Reasons

(b) the facts of the basis;

A. The Defendant C, who was the Chairperson, was arrested on June 16, 2014 on the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement).

D. At the above time, I, who had an internal relationship with Defendant C, prepared the delegation contract between the Plaintiff and the Plaintiff on the following terms (hereinafter “instant delegation contract”), and signed the delegation contract by stating his name, address, resident registration number and mobile phone number in the delegating column of the instant delegation contract, and signing on the side of his name.

The client (A): The indication of case A by an agent of C: A by law firm (A): Article 6 of the Stocks (market price manipulation, etc.) (1) A shall pay 3,000 won (value-added tax separately) in advance and at the same time as the delegation contract is concluded.

Article 7 (Performance Remuneration)* Reference to Matters of Special Agreement* Special Agreement

1. The amount of 70 million won shall be paid to the prosecutor's office for the contingent remuneration when a disposition not to detain is taken;

2. The present arrangement is a delegation contract up to the time of the final disposition by the prosecution, and the case acceptance contract by the court at the time of the prosecution separately agreed upon. Defendant C was detained on June 19, 2014, and was investigated by the Seoul Southern District Prosecutors’ Office 2014-type and 22819. On June 23, 2014, the Seoul Southern Southern District Prosecutors’ Office submitted a report on the appointment of counsel to appoint the Plaintiff as the defense counsel by the Defendant C’s attorney at the investigation stage.

B. On July 4, 2014, the prosecutor in charge of the Seoul Southern District Prosecutors’ Office filed a public prosecution against Defendant C under the Seoul Southern District Court 2014Gohap271 on charges of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement).

on July 11, 2014, the Seoul Southern District Court sent the notice of trial date to the Plaintiff, a defense counsel prior to the prosecution by Defendant C.

Article 32 of the Criminal Procedure Act (Effect of Appointment of Defense Counsel)