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Defendant shall be punished by a fine of 1.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On July 11, 2012, the Defendant received KRW 5,500,000 from the Plaintiff B (the wife of the Defendant, C) upon request of C to appoint an attorney-at-law necessary to file a claim for damages against the Jeonbuk University Hospital, and received KRW 5,500,00 from D’s agricultural bank account as a commission for appointment.
While the Defendant kept the above KRW 5 million for the victim, the Defendant paid KRW 3.3 million to E as a fee for appointment on July 11, 2012, and embezzled the above KRW 2.2 million by using the remaining KRW 2.2 million at will around that time.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Protocol of the police statement concerning B;
1. A statement of deposit in KRW 5 million;
1. A complaint;
1. Application of investigation report (related to the statement by the name of the deposit passbook in 5.5 million won), investigation report (related to the cost of attorney-at-law appointment), investigation report (related to the cost of appraisal by the victim), and Acts and subordinate statutes;
1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;