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(영문) 서울서부지방법원 2017.03.23 2016노1348
변호사법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Although the summary of the grounds for appeal is consistent and sufficiently reliable without inconsistency between D and M’s statement that the Defendant received KRW 11 million from D around August 7, 2012, in the name of his/her solicitation from J, and without inconsistency between D and M’s statement from the investigative agency to the court of the court below, the court below’s decision to dismiss it entirely, and to have no proof of the Defendant’s violation of the law of defense was erroneous in the misapprehension of facts.

2. The summary of the facts charged C and D set up a private teaching institute building in the Eunpyeong New Town. Since the purchase price of KRW 2,462.10 square meters from the Eunpyeong-gu Seoul E Commercial Site is KRW 21.4 billion and the down payment of KRW 2.2 billion is paid until January 8, 201, the remainder of KRW 19.2 billion is paid until January 8, 201; however, the Agricultural Cooperative Federation did not set up any balance, and therefore, it was held against G owned by F as the contractor.

The first and second collateral collateral collateral claims were transferred to SH Corporation, and it was refused to extend the payment deadline of the remainder from SH Corporation.

Accordingly, C and D requested the Defendant to resolve this problem, referring to the connection between relevant public officials, including Pyeongtaek Construction, and the Defendant was in contact with SH construction, and as a result, the remainder payment deadline was extended until May 10, 2012, and C and D were not paid until August 10, 2012.

On August 7, 2012, the Defendant: (a) at D’s office located in the 12th floor of HH building located in Jung-gu Seoul Metropolitan Government on August 7, 2012; and (b) D, “A person who “I” filed a civil petition with the Seoul Special Metropolitan City Council members belonging to the Seoul Special Metropolitan City; (c) thus, the Seoul Special Metropolitan City Council requests that the Seoul Special Metropolitan City Council grant a reduction on the payment date; and (d) if so, the SH employees, who extended the payment date, cannot receive any extension of the remainder payment date, may no longer receive any extension of the payment date.”

Therefore, the Gwanak-gu Seoul Special Metropolitan City Council members are SH Corporation.

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