(영문) 대전지방법원 2017.08.09 2017노525 | 리걸엔진

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(영문) 대전지방법원 2017.08.09 2017노525

변호사법위반등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On August 5, 2015, the Defendant received 2,200,000 won under the pretext of solicitation after receiving a request from E to inform of enforcement information on or around August 5, 2015. However, the Defendant did not receive a total of KRW 29,100,00 (=31,300,000 won - 2,200,000 won) under the pretext of solicitation as stated in the remaining facts charged.

2) With regard to the violation of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts (mediation, etc. of Commercial Sex Acts), the Defendant is insufficient to provide funds for the Defendant to run a singing room.

On the other hand, E shall be given a loan of KRW 15 million to E, and the principal and interest thereof shall be paid only, and there is no fact that he/she operates a commercial sex business establishment or received the profit by investing the said KRW 15 million in collusion with E.

B. The punishment of the lower court (one year and six months of imprisonment, confiscation, additional collection charge 50,230,000 won) is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of facts, the Defendant also asserted the same as the grounds for appeal in the lower court.

As to this, the lower court: (a) from E’s investigative agency to the lower court’s court’s consistent and specific statement; (b) the entries in the seized book (in light of the background of additional seizure, etc., it appears that the amount actually paid may not be entered in the book; (c) there seems to have been a considerable relation between the Defendant and police officer in the jurisdiction of the police officer; (d) the Defendant appears to have been informed of control information and the police officer; and (d) the Defendant issued the Postal Card under the name of the Defendant to E; and (e) the Defendant deposited money in the said account using the said Postal Card; and (v) there are considerable parts consistent with the details of the deposit and the contents of the book; and

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