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(영문) 광주지방법원 2019.08.09 2018고단2578

변호사법위반등

Text

[Defendant A] The defendant shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. The Defendants in violation of the Attorney-at-Law Act conspired to receive money and valuables under the pretext that they receive money and valuables, when they received prosecutor's and police investigations, due to the fact that D employs C&O and operated F in the name of C&A as a office-general hospital.

Accordingly, around September 2017, Defendant A demanded D, who became aware of the results of the introduction of E, to “at the prosecutor’s office and the police, there are many persons who want to take part in the case under investigation into the office hall.” After that, Defendant A demanded Defendant B to pay money in the name of activity expenses, personnel expenses, etc., and subsequently, Defendant A demanded Defendant B to “the right to send money, to resolve the case,” and Defendant B provided that Defendant A would hear the investigation of the office hall hospital related to D from Defendant A to resolve the case through former employees of the office office, and that Defendant B received money in the name of the case.

Since then, the Defendants received the remittance of KRW 20 million to the Gwangju Bank Account in the name of H under the pretext of viewing the public prosecutor's office as the day of October 26, 2017, and received KRW 10 million in cash on November 30, 2017 as the personnel expenses for the public prosecutor and investigators.

As a result, the Defendants conspired to make a solicitation for a case handled by a public official, and received 30 million won in cash or account as above.

2. The Defendants in violation of the Act on the Regulation and Punishment of Criminal Proceeds Concealment received money to resolve the instant case as stated in paragraph 1, thereby receiving money from a bank account under the name of a person or family member to conceal the flow of such money.

Accordingly, Defendant A received KRW 20 million from the Gwangju Bank account (I) in the name of Y on October 26, 2017, under the pretext of considering the date of the Public Prosecutor's Office as the day of the Public Prosecutor's Office, and subsequently, Defendant A pretended that the acquisition or disposal of criminal proceeds by remitting KRW 5 million on October 26, 2017 to another Gwangju Bank Account (J) in the name of H.

(a) continue to exist;