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(영문) 인천지방법원 2015.06.18 2014노5014
변호사법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant received KRW 15 million from E by mistake of facts or misapprehension of legal principles, this is not the money for which he received legal advice from E, but the Defendant merely received the meaning of a case where he increased the value of land. However, the lower court convicted the Defendant by misunderstanding of facts or misunderstanding of legal principles.

B. The sentence imposed by the court below on the defendant (two months of imprisonment, two years of suspended execution, additional collection of ten million won) is too unreasonable.

2. Determination

A. The case holding that: (a) the defendant, based on the evidence duly adopted and investigated by the court below, proposed 2/5 shares in the above land to the trustee or his heir for a civil lawsuit against the title trustee or his heir with respect to the land trusted by his father to his relatives; (b) the agreement between E and the defendant on the transfer of ownership and sale of real estate was prepared; (c) the defendant received 15 million won as activity expenses from E; and (d) the defendant received 15 million won as above, after the defendant received 15 million won as mentioned above, he met L, one of his heir among the title trustee of the above land; or (e) concluded a contract to pay 50 million won to L in return for the above fact-finding, and submitted to the court where the above fact-finding procedure is in progress, and submitted to the court where the defendant won for a civil lawsuit and received 5 million won in return for the increase in the value of the land; and (e) the defendant received 15 million won in return for the execution of the litigation case.

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