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(영문) 인천지방법원 2016.05.19 2015고합561

변호사법위반등

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A while working for F Co., Ltd. (hereinafter referred to as “F”), the head of the business team division of F Co., Ltd. (hereinafter referred to as “F”) prepared a report based on F’s orders for construction, product promotion, and F’s subcontracting to the collaborative company, based on the construction cost, performance, etc. submitted by the collaborative company, and submitted it to the contracting department. Defendant B is the representative of G, which is the F Co., Ltd., the collaborative company.

1. Defendant A, in April 2015, is located in the Cheongjin-gun of Incheon, the South East East Power Development Co., Ltd., Ltd., and Defendant A, Defendant A, who is an employee I of G, need to pay money in the name of business expenses.

Around May 11, 2015, Defendant B issued KRW 55 million to the J account under the name of J (K) account, which is the borrowed account, to receive orders from the F in the future.”

After all, Defendant A, who is a person in charge of F's affairs, pretended to acquire property in exchange for an illegal solicitation in relation to his duties and to acquire criminal proceeds.

2. Defendant B, in April 2015, at G Office located in Suwon-si L, Suwon-si, Suwon-si, Defendant B changed the amount of KRW 55 million that Defendant B would enable Defendant A to receive orders from F to work in the future.

On May 11, 2015, upon receiving a report, Defendant A transferred KRW 55 million to the said Agricultural Cooperative Account (K) in the J’s name, along with the solicitation that “I will be able to receive future construction works.”

After all, Defendant B made an illegal solicitation and offered property to Defendant A in relation to his duties by a person who is in charge of F’s affairs.

Summary of Evidence

1. Defendants’ respective legal statements

1. Recording of the statement by the witness J among the third public trial records;

1. Each investigation report (the attachment of a statement of account transactions by J and the subcontract status of G construction.